Cooley v. Enzor

Grice, Justice.

Error is assigned on the ruling sustaining-certain grounds of demurrer to the petition as amended, and dismissing the action. The suit was brought to enjoin the erection of a filling-station in an area zoned for restricted or residential use only, by the commissioner of roads and revenues of DeKalb County, under the act approved January 10, 1938 (Ga. L. Ex. Sess. 1937-1938, pp. 414, 415), as amended by the act approved March 24, 1939 (Ga. L. 1939, pp. 406-407). Section 1 of the original act undertakes to authorize the county authorities in certain counties, to pass zoning and…