Kinney v. Brown

Undercofler, Presiding Justice.

This appeal is from the denial of mandamus to compel the issuance of a building permit. The county maintains it owns a fifty foot right-of-way. The property involved is a residential subdivision. There is a recorded plat showing right-of-way with notation "not to be opened now.” The right-of-way has not been graded, curbed, or paved because the plaintiff has failed to pay the cost of the materials. The trial court held there was a dedication.

In Lee v. Warren, 230 Ga. 165, 168 (195 SE2d 909) this court recognized that when a county "has adopted a zoning ordinance…