Blackman Health Resort v. City of Atlanta
Supreme Court of Georgia
Petition for mandamus. Before Judge Pendleton. Fulton superior court. July 16, 1920. Blackman Health Eesort Incorporated filed a petition alleging that it had, in pursuance of the purpose for which it was incorporated, acquired valuable property on Piedmont Avenue adjacent to Piedmont Park in the City of Atlanta, and was proposing to erect thereon a building to be used as a “ tourist and health resort;” that, as required by the charter of the City of Atlanta and for the.…
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Petition for mandamus. Before Judge Pendleton. Fulton superior court. July 16, 1920. Blackman Health Eesort Incorporated filed a petition alleging that it had, in pursuance of the purpose for which it was incorporated, acquired valuable property on Piedmont Avenue adjacent to Piedmont Park in the City of Atlanta, and was proposing to erect thereon a building to be used as a “ tourist and health resort;” that, as required by the charter of the City of Atlanta and for the. purpose of procuring permission to erect said building, it submitted to the inspector of buildings of said city the plans…
1Opinion of the CourtGilbert, J.
It is not deemed necessary to discuss the rulings
in any of the headnotes, except the last, which relates to the sufficiency of the petition to set out a cause of action. The lot of petitioner, which it desires to improve, is private property, and both the State and Federal constitutions afford ample protection so long as it does not affect injuriously the public welfare. Indeed, the constitution of this State declares: “Protection to person and property is the paramount duty of government and shall be impartial and complete.” Under the police power the State has *511undoubted constitutional power…
2Cases cited24 opinions
- Stone v. MississippiSupreme Court of the United States · 1880
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
- Patterson v. KentuckySupreme Court of the United States · 1879
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Cutsinger v. City of AtlantaSupreme Court of Georgia · 1914
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3Cited by14 opinions
- City of Atlanta v. Blackman Health Resort Inc.Supreme Court of Georgia · 1922
- Boyd v. AllenSupreme Court of North Carolina · 1957
- Junge's Appeal. (No. 2.)Superior Court of Pennsylvania · 1926
- Gay v. City of LyonsSupreme Court of Georgia · 1953
- Hallman v. Atlanta Child's HomeSupreme Court of Georgia · 1925
9 more not listed; retrieve them via the Exa API.