178 Ga. 661 | Ga. | 1934
On June 30, 1933, an action was instituted against the City of Atlanta and the chief of police, attacking the validity of an ordinance on the ground that it was not authorized by the charter of the city, that it was unreasonable, and that it was violative of the equal-protection and due-process clauses of the State and Federal constitutions; and seeking to enjoin enforcement thereof as against the plaintiff and his tenants conducting business on described land, property of the plaintiff, in the City of Atlanta. On July 19, 1933, an amendment to the petition was allowed, in which it was alleged that the chief of police “has threatened and is now
The petition does not show interference with the person or property rights of the plaintiff, but is based on mere apprehension that such interference may be done. On application of the principle ruled in Howard v. Briarcliff Zoological Corporation, 178 Ga. 595, and cit., the judge did not err in refusing an injunction. See also City of Douglas v. South Georgia Grocery Co., ante, 657. The case differs from Carey v. Atlanta, 143 Ga. 192 (84 S. E. 456, L. R. A. 1915D, 684, Ann. Cas. 1916E, 1151), wherein there had been interference by the police in virtue of the ordinance with the property rights of the plaintiff, to the extent of causing one tenant to remove from the premises, and the plaintiff to refund rent which had been paid in advance.
Judgment affirmed.