307 Ga. App. 140
Ga. Ct. App.2010Background
- Zoning Board of Appeals of City of Dunwoody approved a stream buffer variance for a preschool playground on a Dunwoody property.
- Four neighboring homeowners (appellants) filed a petition for certiorari to challenge the variance decision.
- The City moved to dismiss for lack of a properly signed certificate of costs; the certificate was signed by the City’s Director of Community Development, not a board member.
- The secretary for the board was unavailable; an affidavit stated the director acted as secretary in the board’s absence and that board members have no personal knowledge of costs.
- Georgia law requires a certificate of costs signed by the officer whose decision is being challenged; the court held that the secretary or proxy may sign in this context, reversing the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who may sign the certificate of costs for certiorari | Appellants: secretary or proxy may sign per ordinances. | City: signatory must be the board member; otherwise void. | Secretary or proxy may issue the certificate; dismissal reversed. |
Key Cases Cited
- Veal v. Eagle Fire Ins. Co., 103 Ga.App. 757 (1961) (certiorari void if improper signatory where statute requires officer's certificate)
- Harte v. Sturtevant, 20 Ga.App. 822 (1917) (municipal act creating court permits specific officer to issue costs bond)
- Jackson v. Spalding County, 265 Ga. 792 (1995) (method of appellate review may be specified by municipal ordinance)