Legal Opinion · Dissent

Waffle House v. DeKalb County

Supreme Court of Georgia

Decided May 28, 1991No. S91A0142Published

1DissentSmith, Presiding Justice

We granted the appellants’ application for a discretionary appeal in this case, Trend Development Corp. v. Douglas County, 259 Ga. 425 (383 SE2d 123) (1989), and asked the parties to address the following: “Whether the applicants failed to carry their burden of showing significant detriment as is required by Gradous v. Board of Commissioners, 256 Ga. 469 (349 SE2d 707) (1986).” I would find that the appellants carried their burden, and I would reverse.

The subject property is the only property at the intersection of Rockbridge and North Hairston Roads in DeKalb County that does not presently…

2Cases cited13 opinions

  1. Barrett v. HambySupreme Court of Georgia · 1975
  2. Guhl v. Holcomb Bridge Road Corp.Supreme Court of Georgia · 1977
  3. Gradous v. Board of CommissionersSupreme Court of Georgia · 1986
  4. Trend Development Corp. v. Douglas CountySupreme Court of Georgia · 1989
  5. City of Roswell v. HEAVY MACHINES COMPANYSupreme Court of Georgia · 1986

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