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Newton v. Fidelco Growth Investors

Court of Appeals of Georgia
Apr 28, 1977
235 S.E.2d 622 (Ga. Ct. App. 1977)

Opinion

53687.

SUBMITTED APRIL 6, 1977.

DECIDED APRIL 28, 1977. REHEARING DENIED MAY 13, 1977.

Zoning. Cobb Superior Court. Before Judge Ravan.

James G. Killough, for appellants.

Barnes Browning, Roy E. Barnes, Ben F. Smith, for appellees.


Newton and others appeal from the granting of a zoning variance to Fidelco on grounds of hardship by the Board of Zoning Appeals of Cobb County.

1. The evidence clearly supports the board's finding that at the time the building permits were issued and the buildings constructed none of the Cobb County ordinances pertinent here were violated; that the building permits were issued by Cobb County and the construction occurred as a result thereof; that the appellants were involved in the sale of the 62-acre tract and were aware of the construction on the 18 acres in question; that the hardship was in no way caused by any action of Fidelco and is a classic example of the need for the variance procedure. Mere inconvenience or possible reduction in an adjoining landowner's property value is insufficient to deny a variance. Victoria Corp. v. Atlanta Merchandise Mart, 101 Ga. App. 163 (4) ( 112 S.E.2d 793) (1960); Donnelly v. Kuntz, 132 Ga. App. 223 ( 207 S.E.2d 616) (1974).

2. Evidence presented to the board of appeals by Fidelco's attorney was competent and admissible. B. L. Ivey, Inc. v. Allen, 105 Ga. App. 728, 729 ( 125 S.E.2d 549) (1962).

3. Appellants have not demonstrated how any alleged error in the survey considered by the appeals board was harmful or relevant.

4. On request of this court findings of fact and conclusions of law in compliance with Doyal Development Co. v. Blair, 234 Ga. 261 ( 215 S.E.2d 471) (1975) have now been filed. Barger v. Barger, 238 Ga. 334 (2) ( 232 S.E.2d 567) (1977).

The trial court did not err in affirming the decision of the appeals board for any reason assigned.

Judgment affirmed. Deen, P. J., and Marshall, J., concur.

SUBMITTED APRIL 6, 1977 — DECIDED APRIL 28, 1977 — REHEARING DENIED MAY 13, 1977.


Summaries of

Newton v. Fidelco Growth Investors

Court of Appeals of Georgia
Apr 28, 1977
235 S.E.2d 622 (Ga. Ct. App. 1977)
Case details for

Newton v. Fidelco Growth Investors

Case Details

Full title:NEWTON et al. v. FIDELCO GROWTH INVESTORS et al

Court:Court of Appeals of Georgia

Date published: Apr 28, 1977

Citations

235 S.E.2d 622 (Ga. Ct. App. 1977)
235 S.E.2d 622

Citing Cases

McKnight v. Mitchell

1933). Compare Newton v. Fidelco Growth Investors, 142 Ga. App. 300 (1) ( 235 S.E.2d 622) (1977) and cits.…