Awtry and Lowndes Co. v. City of Atlanta

The questions presented by the record for our consideration are in substance two: (1) Did the construction and application placed by the board of zoning appeals upon the sections of the zoning ordinance of Atlanta, set out in the statement of facts, render such sections unreasonable and arbitrary under the facts of this case; and (2) if not, was there an abuse of discretion in denying Awtry & Lowndes a permit under the evidence here presented? In passing upon the first question presented, the supei’ior court construed the sections of the ordinance in issue as follows: “The ordinance which…