B. L. Ivey, Inc. v. Allen

Jordan, Judge.

It is contended by counsel for the plaintiff in error, B. L. Ivey, Inc.- (the appellant before the Atlanta-Fulton County Joint Board of Adjustment) that the superior court erred in reversing said board on appeal for the reason that the judge of the superior court merely substituted his judgment for that discretion lawfully relegated to, and properly exercised by the board, in determining whether or not a variance was justified in the instant case. While the board of adjustment is given the discretion under Code Ann. § 69-824(2) to authorize variances from existing zoning…