Deck v. Zoning Board of Appeals

Pope, Judge.

Appellants brought this action in the Superior Court of DeKalb County appealing a decision of the Zoning Board of Appeals of the City of Decatur (hereinafter “Board”) which approved a proposed plan of development for property owned by appellee Wales W. Thomas & Associates Inc. and seeking an injunction against the commencement of any construction, clearing or “any action affecting drainage from the property.” After hearing oral arguments by all parties, the trial court granted appellees’ motions to dismiss for failure to state a claim pursuant to Code Ann. § 81A-112 (b) (6).

The…