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City of Varnell v. Maples
Citations: 149 Ga. App. 81; 253 S.E.2d 413; 1979 Ga. App. LEXIS 1727Docket: 57120
Court: Court of Appeals of Georgia; January 29, 1979; Georgia; State Appellate Court
The case involves a declaratory judgment action to determine if the plaintiffs' lands were incorporated into the City of Varnell. Defendants include the city, its mayor, and city council members. The City of Varnell was incorporated in 1968, with corporate limits subsequently amended in 1972 to include specific land lots described by metes and bounds and additional areas in Whitfield County, Georgia. During a hearing, evidence showed the city had adopted regulations affecting the plaintiffs' land. The trial court found the 1972 amendment ambiguous regarding municipal boundaries, stating it was unclear if the entire area of the enumerated land lots was annexed, rendering the legislative intent indeterminate and the Act inoperative. On appeal, the court determined the statute clearly and unambiguously included all specified land lots within the City limits, rejecting the trial court's interpretation. The court emphasized that legislative intent should be fulfilled even if some language is deemed extraneous. Consequently, the trial court's ruling was reversed, with the appellate court concluding that the statute required no further interpretation regarding the parties' rights. The decision was submitted on January 10, 1979, decided on January 29, 1979, and a rehearing was denied on February 15, 1979. The judgment was reversed with judges Deen and Shulman concurring.