Legal Opinion
Fairfax MK, Inc. v. City of Clarkston
Supreme Court of Georgia
Decided November 30, 2001No. S01A1274PublishedCited by 14 opinions
1Opinion of the Court
Carley, Justice.
Fairfax MK, Inc. applied for a building permit to construct a gasoline service station in the City of Clarkston on property owned by Creek Pointe MK, LLC. Because the property is located near a day care center, the City Council denied the application based upon a provision of the City’s Gasoline Service Station Ordinance (GSSO) which requires a minimum distance of 500 feet between a gas station and a school or other place of public assembly. Thereafter, the City amended the GSSO specifically to include day care centers within the definition of the term “school.” Fairfax MK…
2Cases cited21 opinions
- Gradous v. Board of CommissionersSupreme Court of Georgia · 1986
- Trend Development Corp. v. Douglas CountySupreme Court of Georgia · 1989
- Childers v. Richmond CountySupreme Court of Georgia · 1996
- McClure v. DavidsonSupreme Court of Georgia · 1988
- Little v. City of LawrencevilleSupreme Court of Georgia · 2000
16 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Artistic Entertainment, Inc., a Georgia Corp. d.b.a. Teasers, Stephen R. Dewberry v. City of Warner Robbins, Donald WalkerCourt of Appeals for the Eleventh Circuit · 2003
- Cherokee Country Club, Inc. v. City of KnoxvilleTennessee Supreme Court · 2004
- Hughey v. Gwinnett CountySupreme Court of Georgia · 2004
- RCG Properties, LLC v. City of Atlanta Board of Zoning AdjustmentCourt of Appeals of Georgia · 2003
- Union County v. CGP, INC.Supreme Court of Georgia · 2003
9 more not listed; retrieve them via the Exa API.