Allgood v. GEORGIA MARBLE COMPANY

Hall, Justice.’

In November, 1975, Georgia Marble applied for the "special zoning permit” necessary to begin quarrying operations in Newton County. The planning commission recommended that the permit be denied, and the board of commissioners did so. The board of zoning appeals found no error on appeal, and Georgia Marble appealed to the superior court. The court ruled in favor of Georgia Marble, holding that the commissioners had no discretion to deny the permit under the facts. The commissioners did not appeal, but prior to the end of the time for appeal appellants sought to intervene under…