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DeKALB COUNTY v. BROWN BUILDERS COMPANY

26554.

227 Ga. 777 (1971)

183 S.E.2d 367

DeKALB COUNTY v. BROWN BUILDERS COMPANY, INC. et al.

Supreme Court of Georgia.

Decided July 9, 1971.

Attorney(s) appearing for the Case

George P. Dillard, Herbert O. Edwards, Robert E. Mozley, for appellant.

McCurdy, Candler & Harris, J. Robin Harris, John Walter Drake, Murphy Candler, Jr., Arthur K. Bolton, Attorney General, for appellees.

UNDERCOFLER, Justice.

This appeal is from a judgment of the trial court holding the following DeKalb County ordinance unconstitutional and permanently enjoining its enforcement:

"No plat of subdivisions shall be approved and no building permit shall be issued unless the developer or applicant for building permits shall pay in addition to all charges for building permits now required, the additional sum of one hundred twenty ($120) dollars for each family unit...

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