City of Atlanta v. Starship Enterprises of Atlanta, Inc.

Smith, Presiding Judge.

We granted a discretionary appeal in this case to the City of Atlanta (“the city”) and the City Board of Zoning Adjustment (“the board”) to review the trial court’s order reversing the decision of the board and reinstating a building permit initially granted to Starship Enterprises of Atlanta, Inc. (“Starship”), but later revoked. The trial court incorrectly held that no evidence supported the board’s finding of an intervening use that terminated the legal nonconforming use of the property at issue, and accordingly erred when it reinstated the building permit on that…