City of Atlanta v. Wansley Moving & Storage Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[t]he city does not argue that the [special use permit] decision of the city council was a judicial decision”
• holding mandamus is a proper remedy for reviewing the denial of special use permits when the zoning ordinance does not specify a method of judicial review
• holding mandamus is a proper remedy for reviewing the denial of special use permits when the zoning ordinance does not specify a method of judicial review
• standard of review will differ depending on whether zoning ordinance prescribes conditions for special use permit or leaves issuance of special use permit to discretion of governmental body
• “[I]n the absence of provision in the zoning ordinance prescribing the means of judicial review, mandamus is a proper remedy for reviewing the denial of conditional and special use permits.”
• “Judicial review of the denial of conditional use permits has traditionally been by way of mandamus .... We find no reason to treat special use permits differently from conditional use permits insofar as the means of judicial review is concerned.”

Source: CourtListener parenthetical corpus (CC0).