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CITY OF ALPHARETTA v. ESTATE OF SIMS

No. S00A0705.

533 S.E.2d 692 (2000)

272 Ga. 680

CITY OF ALPHARETTA et al. v. ESTATE OF C.R. SIMS et al.

Supreme Court of Georgia.

Reconsideration Denied and Dissenting Opinion of Justice Carley July 28, 2000.

Attorney(s) appearing for the Case

Bovis, Kyle & Burch, C. Sam Thomas, Jana B. Tabor, Atlanta, for appellants.

Wilson, Brock & Irby, Richard W. Wilson, Jr., James S. Teague, Jr., Atlanta, for appellees.

HUNSTEIN, Justice.

We granted the application for discretionary appeal filed by the City of Alpharetta and City officials ("the City") to address whether the trial court erred by concluding that the City abused its discretion in denying an application for conditional use permit made on behalf of appellees, the Estate of C.R. Sims and its two executors. The City Council denied the application for a special use permit to build a gasoline station on appellees' property...

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