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Pruitt v. Fulton County
Citations: 210 Ga. App. 873; 437 S.E.2d 861; 93 Fulton County D. Rep. 4145; 1993 Ga. App. LEXIS 1354Docket: A93A1797
Court: Court of Appeals of Georgia; November 12, 1993; Georgia; State Appellate Court
The Superior Court of Fulton County granted summary judgment in favor of Fulton County, Georgia, and several members of its Board of Commissioners, ruling that the Pruitts' challenge to the denial of a rezoning request was time-barred. The Georgia Supreme Court's precedent in Trend Dev. Corp. v. Douglas County established that appeals in zoning cases require an application. Appeals involving constitutional questions fall under the Supreme Court's jurisdiction, while others go to the Court of Appeals. However, both types of appeals are not direct, as they stem from decisions made by a court reviewing an administrative agency's ruling. Since no application was filed in this case, the Georgia Supreme Court determined it lacked jurisdiction and dismissed the appeal. The decision was made on November 12, 1993, with Judge McMurray and Judge Blackburn concurring.