Gwinnett County v. Ehler Enterprises, Inc.

Fletcher, Presiding Justice.

The Gwinnett County Board of Commissioners denied Ehler Enterprises, Inc.’s application for a special use permit to build a tire store and service center on Spalding Drive near the intersection of Peachtree Parkway. The superior court granted Ehler’s petition for mandamus and overturned the board’s decision and we granted Gwinnett County’s application to appeal. Because there is evidence to support the board’s denial of the permit, we reverse.

1. Mandamus will issue against a public official only where the petitioner has demonstrated a clear legal right to relief or…