City of Canton v. County of Fulton

Mr. PRESIDING JUSTICE ALLOY

delivered the opinion of the court:

This is an appeal from an order of the Circuit Court of Fulton County decreeing that the zoning ordinance of the County of Fulton takes precedence over and supersedes the zoning ordinance and regulations of the City of Canton as to land laying outside the city limits but within IV2 miles of the boundaries of the City of Canton. The action was instituted by the City of Canton for declaratory judgment.

From the record, it appears that on June 17, 1969, pursuant to statutory authority, the plaintiff City of Canton, adopted an ordinance…