Moore v. Maloney

Smith, Justice.

Appellants challenged the Atlanta City Council’s decision to rezone a certain lot in northwest Atlanta. They also sought to have construction on the lot enjoined as prohibited by restrictive covenants. The trial court found the rezoning valid and the covenants invalid. Appellant raises four enumerations of error. We reverse.

Appellees plan to build seven town houses on a lot at the intersection of Pharr Road and Slaton Road. The lot, slightly smaller than one acre in size and originally zoned for a single-family residence, comprises the northeast corner of the intersection.…