Campbell v. City of Columbus

Nichols, Justice.

Where a petition seeking a declaratory judgment shows on its face that the plaintiff is not entitled to the relief sought, such defect may be reached by motion to dismiss upon the ground that the petition fails to state a claim. See State Hwy. Dept. v. Williams Lumber Co., 222 Ga. 23 (148 SE2d 426); Kinnon v. Mercer, 114 Ga. App. 404 (151 SE2d 540).

The petition in the present case has attached as exhibits the resolutions of the governing authority of the City of Columbus. The first of these resolutions, dated April 11, 1966, declares the property to be no longer of use as a…