Bell v. Barrett

Hill, Justice.

The members of the Board of Commissioners of Cobb County filed suit in equity to enjoin the defendant from operating a commercial dog kennel in a district zoned single family residential. The defendant answered, alleging that he resides at the location in issue, that he keeps dogs as a hobby and that he is not operating a commercial dog kennel. Plaintiffs amended to allege that defendant’s activities constitute a nuisance and urged that even operation of a noncommercial kennel in a single family residential district violates the zoning ordinance.

The defendant filed a motion to…