Heller v. BOARD OF COMMISSIONERS OF DEKALB COUNTY

Undercofler, Presiding Justice.

On March 31, 1976, an injunction was issued by the trial court, sitting without a jury, against the Board of Commissioners of DeKalb County and other defendants, restraining them from proceeding with a rezoning of a particular tract of land for a period of 24 months. This order was filed on April 2, 1976. On April 12, 1976, the county filed a "motion for modification” of the order, asking the court to remove the restraint from the board of commissioners. On April 28, 1976, the county filed a notice of appeal for all the defendants; however, this appeal was…