City of Dalton v. Carroll

Fletcher, Presiding Justice.

Victor Carroll’s predecessor-in-title erected a metal carport in December 1997 within a designated historic district in the City of Dalton. In May 1998, the city received a complaint about the carport and notified Carroll ten days later that the carport was erected without the required building permit or certificate of appropriateness. When Carroll failed to remove the carport, the city filed a complaint seeking a declaratory judgment and an injunction, but the trial court denied both. Because the trial court abused its discretion in ruling that the equitable…