93 Ga. 68 | Ga. | 1893
■Petitioners, among other things, alleged that the awnings in question were erected at considerable expense, with the full knowledge and consent of the city authorities ; “ that the last erected awning of petitioners was put up more than nine years ago, and most of them have been where they now are for more than twenty years, except that when new material was inserted therein to strengthen an old awning or rebuild ”; that
In answer to this question, we will, in the first place, remark that no express legislative authority has ever been conferred upon the city government to grant the
The quotation from Judge Nisbet’s opinion is followed by these words : “ In such cases, the books say it would be against all conscience to permit the grantor to recall the license as soon as the benefit expected from the expenditure is beginning to be derived. The spirit of the principle thus announced is, within the limits indicated, applicable to the case before us. The city council could subserve no interest of the public by allowing awnings to-be erected, and then, immediately, without reason, .and in mere caprice or wantonness — if such a thing be
We again call attention to the fact that as to the awnings involved in this controversy, the petition alleges that the one last erected was put up more than nine years ago, and that most of them have been in existence for more than twenty years. It is not stated that any particular awning was rebuilt. .
In the absence of evidence to the contrary, we think it a fair presumption that those who erected the awnings have been fully compensated, by the use and enjoyment of the same, for all expenditures made upon the faith of the permission or license obtained from the city. Therefore a resolution or ordinance revoking the license is prima facie valid, and consequently its enforcement should not be enjoined.
We have not overlooked the fact that in one of the affidavits presented in support of the petition, and sworn to by a number of affiants, the following loose and general statement .occurs : “ The awnings of deponents have been where they now are (except when replaced by new