Parker & Co. v. Village of North Atlanta
Parker & Co. v. Village of North Atlanta
Opinion of the Court
, Parker & Company and C. H. Wolf brought this petition in equity against certain named persons, who are. designated as the. Mayor and Council of thp .Village of North Atlanta, the Village of North Atlanta, and certain other, named persons, who are designated as the joint North Atlanta-Dekalb County Planning Commission, and the director thereof,-seeking'to eüjírih'the defendants from rezoning property belonging to said petitioners so as to prohibit the use of the property for
1. The defendants in error in their brief state, and in their oral argument before this court, stated that the zoning measures which the plaintiffs in error sought to enjoin have been adopted and the property in question has been zoned for two-family residence use only. The plaintiffs in error in a supplemental brief filed at the direction of this court admit these facts to be true. It therefore appears that the portion of the writ of error seeking to have this court review the ruling sustaining the general demurrer to the petition, which sought to enjoin certain acts by the defendants having for their purpose the zoning and rezoning of the property of the plaintiffs, which has now been completed, is now moot, and will not be considered by this court.
2. The plaintiffs in error also complain because the judge of the court below continued in effect a temporary restraining order which had been previously granted. A judgment continuing in effect a temporary restraining order is not a final judgment which can be reviewed by this court. See Leary v. First National Bank of Shellman, 177 Ga. 179 (170 S. E. 84). The language of the judge of the court below continuing in effect the restraining order which he had previously granted had no effect upon the previous order, but simply stated that it was still in effect. It would have continued in effect whether or not he had included this language in his order, since there had been no hearing on the grant of a temporary injunction or any evidence introduced on this question, and a restraining order, by its terms, continues in effect until dissolved or until a hearing on the temporary injunction is had.
3. Since it has been held above that the questions with reference to the sustaining of the general demurrer to the petition are moot, and since the questions with reference to the continuing in effect of the restraining order against the plaintiffs are premature, there is nothing presented by the writ of error in this case for decision by this court. The writ of error is accordingly
Dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.