· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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