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FAIRFAX MK, INC. v. CITY OF CLARKSTON

No. S01A1274.

555 S.E.2d 722 (2001)

274 Ga. 520

FAIRFAX MK, INC. et al. v. CITY OF CLARKSTON et al.

Supreme Court of Georgia.

November 30, 2001.

Attorney(s) appearing for the Case

Dillard & Galloway, C. Douglas Dillard, Andrea C. Jones, Atlanta, for appellants.

Sanders, Haugen, Sears & Meeker, Theodore P. Meeker, III, Newnan, Laurel E. Henderson, Atlanta, for appellees.

CARLEY, Justice.

Fairfax MK, Inc. applied for a building permit to construct a gasoline service station in the City of Clarkston on property owned by Creek Pointe MK, LLC. Because the property is located near a day care center, the City Council denied the application based upon a provision of the City's Gasoline Service Station Ordinance (GSSO) which requires a minimum distance of 500 feet between a gas station and a school or other place of public assembly. Thereafter...

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