Hill v. Busbia

Duckworth, Chief Justice.

The petition shows that petitioner is the owner of land situated within the zoned area in which the defendant’s land here involved is located, and it thus appears that she is entitled to seek injunctive relief to prevent a use of defendant’s land which violates the zoning ordinance. Snow v. Johnston, 197 Ga. 146 (28 SE2d 270). The defense to the action is two-fold: (1) the zoning ordinance is not being violated, and (2) if the use being made of defendant’s land offends the zoning ordinance, the ordinance is unreasonable and is unconstitutional and void; and in either…