From Casetext: Smarter Legal Research

Jones v. City of Marietta

Supreme Court of Georgia
Jan 7, 1982
248 Ga. 773 (Ga. 1982)

Opinion

38137.

DECIDED JANUARY 7, 1982.

Constitutionality of ordinance; injunction. Cobb Superior Court. Before Judge White.

Gordon W. Jones, pro se. Roy E. Barnes, Thomas J. Casurella, for appellee.


In this case, the appellant was enjoined from maintaining on his premises dismantled or junked motor vehicles in violation of § 9-3001 of the Code of the City of Marietta.

He appeals, arguing that the foregoing municipal ordinance is unconstitutional on its face and as applied, and that the motor vehicle maintained by him on his property is not dismantled or junked. He also argues that the court below lacked jurisdiction of this case because it had been removed by him to the United States District Court for the Northern District of Georgia.

1. The burden is on the person attacking a zoning ordinance to show that it is unconstitutional. Koppar Corp. v. Griswell, 246 Ga. 539 ( 272 S.E.2d 272) (1980). The ordinance under review in this case is not unconstitutional on its face. See generally, City of Smyrna v. Parks, 240 Ga. 699 ( 242 S.E.2d 73) (1978) and cits. The appellant has not carried his burden of submitting evidence that it is unconstitutional as applied.

2. The appellant did not seek to remove this case to federal court; and a prior suit brought by the appellant in federal court, in which he asserted the same constitutional claims asserted in the case sub judice, was settled by the parties and dismissed with prejudice.

3. The evidence presented by the appellee authorized the trial judge in ruling that the appellant violated the municipal ordinance in question.

Judgment affirmed. All the Justices concur.

DECIDED JANUARY 7, 1982.


Summaries of

Jones v. City of Marietta

Supreme Court of Georgia
Jan 7, 1982
248 Ga. 773 (Ga. 1982)
Case details for

Jones v. City of Marietta

Case Details

Full title:JONES v. CITY OF MARIETTA

Court:Supreme Court of Georgia

Date published: Jan 7, 1982

Citations

248 Ga. 773 (Ga. 1982)
285 S.E.2d 730

Citing Cases

Rockdale Cnty. v. U.S. Enters.

See Zarate-Martinez v. Echemendia , 299 Ga. 301, 305, 788 S.E.2d 405 (2016). See also Jones v. City of…

Jones v. Gann

The district court premised its order dismissing the city and its mayor on a prior adjudication in federal…