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· 7/12/2004

Georgia Department of Transportation v. Peach Hill Properties, Inc.

Citations

  • 599 S.E.2d 167
  • 278 Ga. 198
  • 2004 Fulton County D. Rep. 2342
  • 2004 Ga. LEXIS 542

How courts have described this case

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

  • holding that mandamus was proper to require an agency to develop reasonable guidelines for seeking exemptions from aviation regulations, but was not proper to dictate the agency’s decision on particular exemption requests
  • holdingthat OCGA § 5-6-35 (a) (1) did not apply in case involving the Department, but on grounds other than that the Department is not a “state administrative agency”
  • mandamus will lie when a public officer grossly abuses his discretion in the course of taking required official action
  • mandamus was appropriate where agency had adopted policy effectively barring any exemptions despite applicable law requiring agency to consider exemption requests
  • property owner’s challenge to agency policy was not the subject of any administrative decisional process
  • mandamus was proper to require agency to develop reasonable guidelines for seeking exemptions from aviation regulations, but it was not proper to dictate the agency’s decision on any particular exemption request

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.