Clark v. State

Birdsong, Judge.

Appellant Clark was charged with operating a commercial business in a residential area, in violation of a Gwinnett County Planning and Zoning Ordinance. The judge of the recorder’s court bound the case over to state court because Clark requested a jury trial. The state court remanded the case back to the recorder’s court, on the basiá that Clark was not entitled to a jury trial as he was charged with a violation of a county zoning ordinance and not a violation of state law. He appeals. Held:

We reverse. The enabling act of the Gwinnett County Recorder’s Court at Ga. L. 1972, p.…