Brewer v. BOARD OF ZONING ADJUSTMENT OF ATLANTA

Banke, Judge.

The Superior Court of Fulton County dismissed as untimely the appellants’ appeal from an adverse decision of the Board of Zoning Adjustment of the City of Atlanta, and the appellants filed a notice of appeal to this court. The Board of Zoning Adjustment has moved to dismiss the appeal due to the appellants’ failure to follow the discretionary review procedures set forth in OCGA § 5-6-35. Held:

Except in cases involving ad valorem taxes and condemnations, the discretionary appeal procedures are applicable to all appeals from “decisions of the superior courts reviewing decisions of…