McLennan v. Clarke

Gunter, Justice.

This appeal relates to the validity or invalidity of a zoning ordinance of the City of Atlanta. The appellees brought an action in the trial court against the city, its building inspector, and the appellant seeking a declaratory judgment declaring the specified zoning ordinance invalid and also seeking an injunction prohibiting the city’s building inspector from issuing permits for use of the land as allowed by the alleged invalid ordinance.

The trial court, on motion for summary judgment, held that the zoning ordinance was invalid because of procedural defects. Appellant, the…