Duncan v. Entrekin

Candler, Justice.

This is a suit to enjoin the operation of a kindergarten in an unincorporated part of DeKalb County which was zoned as a residential district in 1946. At an interlocutory hearing the judge refused to grant a temporary injunction and the exception is to that judgment. Held:

All portions of DeKalb County lying outside the limits of incorporated areas were, on May 23, 1946, zoned as industrial, commercial, apartment, and residential districts. The parties own adjacent property in a residential district. And a “residential district” is defined by the zoning ordinance of 1946 as…