Supreme Court of Georgia, 1993

City Council of Marietta v. Tudor

City Council of Marietta v. Tudor
Supreme Court of Georgia · Decided June 7, 1993 · Collins, Sears
263 Ga. 165; 432 S.E.2d 103; 93 Fulton County D. Rep. 2035; 1993 Ga. LEXIS 481

City Council of Marietta v. Tudor

Opinion of the Court

Per curiam.

Judgment affirmed without opinion pursuant to Rule 59.

All the Justices concur, except Sears-Collins, J., who concurs specially.

Concurring Opinion

Sears-Collins, Justice,

concurring specially.

The trial court found that the challenged municipal ordinance lacked ascertainable standards for determining the contours of the *166word “church” as used in the ordinance. I agree with the majority that the trial court’s decision was correct. I write merely to express my view that while the lay meaning of the word “church” may be readily apparent, in legal parlance the word may be subject to varying interpretations, as is evidenced by this dispute. Also, I believe that some published statement of the Court’s decision in this regard would be beneficial to lawmakers, the bench and the bar.

Decided June 7, 1993. Haynie & Litchfield, Douglas R. Haynie, Emilie K. Petrovich, Michael A. O’Quinn, for appellants. Alan I. Begner, for appellees.

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