Sirota v. Kay Homes Inc.

Candler, Justice.

The plaintiffs in error, who were also plaintiffs in the trial court, had for some time before this litigation was instituted, owned and occupied as homes certain parcels of realty in the City of Atlanta which are separate parts of an area restrictively zoned for residential purposes by an ordinance of December 20, 1929. On the defendant’s application therefor, the Mayor and General Council of the City of Atlanta, on December 6, 1950, passed an ordinance rezoning a described vacant portion of the area here involved from residence to business uses. Alleging that the rezoning…