MARTIN et al. v. MAYOR & COUNCIL OF THE CITY OF ROYSTON et al., 244 Ga. 669, 261 S.E.2.d 707 (1979)
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Summary
Judgment reversed. All the Justices concur.
Summary
Judgment reversed. All the Justices concur.
Text
Jerry N. Neal, for appellees.Tom Strickland, for appellants.
The plaintiffs, as residents and taxpayers of the City of Royston, brought this suit against David Partain, Lorene Sailors, and the Mayor and Council of the City of Royston. In the complaint, the plaintiffs aver that a mobile home belonging to David Partain is parked on a lot owned by Lorene Sailors, in violation of zoning ordinances of the City of Royston. The Appeals Board of the Planning and Zoning Commission has voted that the mobile home is in violation of the municipal zoning ordinances, but the Mayor and Council of the City of Royston have refused to take any action regarding removal of the mobile home. The complaint requests that a mandamus issue requiring the mayor and council to enforce the zoning ordinances.
The trial court ruled that mandamus should not issue because the duty of enforcing zoning ordinances of the City of Royston lies with the Building and Zoning Office, and the Building and Zoning Office has not been made a party to this suit. We reverse.
500 (
1979
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