Legal Opinion

Russell v. Smokerise Bath & Racquet Club, Inc.

Supreme Court of Georgia

Decided May 31, 1979No. 34761PublishedCited by 5 opinions

1Opinion of the Court

Nichols, Chief Justice.

Smokerise sought mandamus absolute requiring the DeKalb County Board of Commissioners and the county’s development director to issue a permit for installation of lighting on two of its four tennis courts. Smokerise, a nonprofit community recreation club, operated, among other facilities, two tennis courts. In 1973 it applied for a setback variance to construct two additional tennis courts. The variance was granted "with the condition that there are no lights and adequate drainage is provided.” When Smokerise applied for a permit to light its two previously existing…

2Cases cited2 opinions

  1. Taylor v. ShetzenSupreme Court of Georgia · 1955
  2. City of Douglasville v. Willows, Inc.Supreme Court of Georgia · 1976

3Cited by5 opinions

  1. International Funeral Services Inc. v. DeKalb CountySupreme Court of Georgia · 1979
  2. DeKalb County v. Post Apartment Homes, L.P.Court of Appeals of Georgia · 1998
  3. Anatra v. ZONING BD. OF APPEALS OF MADISONConnecticut Appellate Court · 2011
  4. Anatra v. ZONING BD. OF APPEALS OF MADISONConnecticut Appellate Court · 2011
  5. Russell v. Smokerise Bath & Racquet Club, Inc.Supreme Court of Georgia · 1979

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