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TUCKER v. CITY OF OCILLA

17902.

209 Ga. 278 (1952)

71 S.E.2d 652

TUCKER v. CITY OF OCILLA et al.

Supreme Court of Georgia.

Decided July 15, 1952.

Attorney(s) appearing for the Case

McDonald & McDonald, for plaintiff in error.

W. R. Mixon, contra.

HAWKINS, Justice.

A filling station does not constitute a nuisance per se. Rushing v. Thigpen, 200 Ga. 313 (2) (37 S.E.2d 180), and citations.

Section 3 of the act (Ga. L. 1946, p. 191; Code, Ann. Supp., § 69-803) provides in part: "In each municipality in which the governing authority undertakes to exercise the powers conferred in this Chapter such authority shall appoint a board of not less than three or more than seven members to be known...

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