Legal Opinion
Bersch v. Hauck
Court of Appeals of Georgia
Decided September 8, 1970No. 45433PublishedCited by 7 opinions
1Opinion of the Court
Jordan, Presiding Judge.
The Atlanta-Fulton County Joint Board of Adjustment allowed a variance to permit development of a parcel of land with coverage of 43.69% instead of 35%. On appeal to the superior court the action of the board was declared null and void. Held:
A person who has a substantial interest as the term is used in Ga. L. 1946, pp. 191, 198 (Code Ann. §69-827) entitling him to an appeal to the superior court is one who can show he is an affected property owner who will suffer special damages. Victoria Corp. v. Atlanta Merchandise Mart, 101 Ga. App. 163 (1, 2) (112 SE2d 793).
Argued…
2Cases cited1 opinion
- Victoria Corp. v. Atlanta Merchandise Mart, Inc.Court of Appeals of Georgia · 1960
3Cited by7 opinions
- Unger v. Forest Home TownshipMichigan Court of Appeals · 1975
- Brock v. Hall CountySupreme Court of Georgia · 1977
- Stuttering Foundation, Inc. v. Glynn CountySupreme Court of Georgia · 2017
- Royal Atlanta Development Corp. v. StaffieriCourt of Appeals of Georgia · 1975
- Donnelly v. KuntzCourt of Appeals of Georgia · 1974
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