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GWINNETT COUNTY v. EHLER ENTERPRISES

No. S98A1472.

512 S.E.2d 239 (1999)

270 Ga. 570

GWINNETT COUNTY et al. v. EHLER ENTERPRISES, INC.

Supreme Court of Georgia.

Reconsideration Denied February 26, 1999.

Attorney(s) appearing for the Case

Karen Gilpin Thomas, Acting County Attorney, Michael V. Stephens II, Assistant County Attorney, Lawrenceville, for Gwinnett County et al.

Anthony O.L. Powell, Robert Jackson Wilson, Webb, Tanner & Powell, LLP, Lawrenceville, for Ehler Enterprises, Inc.

FLETCHER, Presiding Justice.

The Gwinnett County Board of Commissioners denied Ehler Enterprises, Inc.'s application for a special use permit to build a tire store and service center on Spalding Drive near the intersection of Peachtree Parkway. The superior court granted Ehler's petition for mandamus and overturned the board's decision and we granted Gwinnett County's application to appeal. Because there is evidence to support the board's denial of the permit, we...

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