Atlantic Refining Company v. Spears

Head, Justice.

In the former appearance of the present case in this court (Atlantic Refining Co. v. Spears, 211 Ga. 787, 89 S. E. 2d. 177), it was held, on September 12, 1955, that the amendment of October 5, 1954, to the comprehensive zoning ordinance did not authorize the construction of a filling station by the defendant as a business within the permitted type on the particular location involved, and that the trial court properly granted an interlocutory injunction. The decision of this court in the former case being one of law, solely, as to the rights of the defendant under the zoning…