Supreme Court of Georgia, 1978

Russell v. Towles

Supreme Court of Georgia · Decided October 4, 1978 · Undercofler

242 Ga. 358; 249 S.E.2d 615; 1978 Ga. LEXIS 1205

Opinion of the Court

Undercofler, Presiding Justice.

We granted this interlocutory appeal to consider the question whether DeKalb County is entitled to a jury trial in a zoning case. In Guhl v. Davis, 242 Ga. 356 (1978), we held that constitutional questions are for the court and *359not a jury. The motion to dismiss is denied.

Argued September 13, 1978 Decided October 4, 1978 Rehearing denied October 24, 1978. George P. Dillard, Gail C. Flake, for appellants. Somers & Altenbach, John W. Gibson, Charles E. Jabaley, for appellees.

Judgment affirmed.

All the Justices concur.

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