249 S.E.2d 615

RUSSELL et al. v. TOWLES et al.

33887.Supreme Court of Georgia.ARGUED SEPTEMBER 13, 1978.
DECIDED SEPTEMBER 4, 1978. REHEARING DENIED OCTOBER 24, 1978.

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

Page 359

not a jury. The motion to dismiss is denied.

Judgment affirmed. All the Justices concur.

ARGUED SEPTEMBER 13, 1978 — DECIDED OCTOBER 4, 1978 — REHEARING DENIED OCTOBER 24, 1978.
Zoning, etc.; denial of jury trial. DeKalb Superior Court. Before Judge Henley.

George P. Dillard, Gail C. Flake, for appellants.

Somers Altenbach, John W. Gibson, Charles E. Jabaley, for appellees.

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