Howard Simpson Realty Co. v. City of Marietta

I readily concede that the decisions in Cooley v. Enzor, 190 Ga. 290 (9 SE2d 277), and City of Decatur v. Fountain, 214 Ga. 225 (104 SE2d 117), come close to requiring the decision of the majority. But I believe they are distinguishable on their facts. I would, however, prefer to overrule them in so far as they might hold the govern*730ing authorities, invested with authority and a duty to zone lands to specified uses, must, despite the fact that they are in the process of zoning, grant a building permit to an individual to construct a building for a different use on land embraced therein.

The…