Rogers v. Mayor &C. of Atlanta

Ebbrhardt, Judge.

There is an attack on the zoning ordinance as being violative of the First Amendment to the Federal Constitution, of the “due process” clauses of both the Fourteenth Amendment and Art. I, Sec. I, Par. Ill of the Georgia Constitution and of the “equal protection” clause of the Fourteenth Amendment. 2 Generally any zoning ordinance that absolutely excludes churches from a residential area is invalid under one or more of these constitutional guarantees. See Annot. 74 ALR2d 377, §§ 2, 20; 1 Yokley, Zoning Law and Practice, § 30 (1953 Ed., 1962 Supp.). Churches are, however,…