Hewes v. Cooler

Sognier, Judge.

Thomas Cooler appealed an order of the Savannah Zoning Board of Appeals to the Superior Court of Chatham County, alleging that the Board’s decision misconstrued the applicable zoning ordinance, that the Board acted ultra vires, and that he was denied equal protection and due process of law. The Board and other individual defendants moved for summary judgment. This motion was denied by the superior court and we granted the application for interlocutory appeal.

The superior court, in denying appellees’ motion for summary judgment, gave as its reason that “there is a genuine issue…