Roberts v. McCollum

Almand, Justice.

Plaintiffs, under the authority of section 9 of the Cobb County Zoning and Planning Act (Ga. L. 1956, pp. 2006, 2011), on October 14, 1958, filed in the Superior Court of Cobb County a petition for a de novo appeal from the decision of Herbert C. McCollum, as Commissioner of Roads and Revenue of Cobb County, rezoning certain property in that county. Defendant McCollum filed his answer and special and general demurrers, in which he attacked the method of appeal provided by the act of 1956 (supra) as being unconstitutional. On February 5, 1959, plaintiffs filed an equitable…