Mayor of Savannah v. Markowitz

(After stating the foregoing facts.) ' The controlling question in this case is whether the Mayor and Aldermen of the City of Savannah had charter authority to grant a permit to the defendant in error to erect and operate a gasoline-filling station on his premises and the sidewalk adjacent thereto. The Civil Code (1910), § 894, provides that “Without express legislative authority, a municipality can not grant to any person the right to erect or maintain a structure or obstruction in a public street.” It is contended by the defendant in error, Markowitz, that the mayor and aldermen had such…