McGarvey v. Board of Zoning Appeals

Hall, Justice.

Following an adverse decision of the Thomson Board of Zoning Appeals, McGarvey filed a "Petition for Mandamus” in McDuffie County Superior Court asking that the board be commanded to cease its opposition to the building permit previously issued to her. The trial court granted the board’s motion to dismiss, made on the ground that McGarvey had not exercised her appeal right set out in Code Ann. § 69-1211.1. The trial court also denied McGarvey’s motion to be allowed to convert her mandamus application into an appeal, ruling that since no valid petition for writ of mandamus had…