40 Ga. App. 96 | Ga. Ct. App. | 1929
Lead Opinion
1. Where a municipal corporation has jurisdiction to pave its streets and to assess the cost thereof against owners of abutting property, such owners will be estopped from asserting that the paving was not done in compliance with the provisions of the paving ordinance, if they stand by and permit the work to be done without interposing any objection until after the completion of the work and its acceptance by the city authorities. Hall v. Macon, 147 Ga. 704 (2) (95 S. E. 248) ; City of Bainbridge v. Jester, 157 Ga. 505 (3) (121 S. E. 798, 33 A. L. R. 1406) ; Burns v. Atlanta, 148 Ga. 549 (3) ; Draper v. Atlanta, 126 Ga. 649, 653 (55 S. E. 929) ; Raines v. Clay, 161 Ga. 574 (131 S. E. 499); Randall v. Atlanta, 22 Ga. App. 301 (2) (95 S. E. 1016).
2. Where a municipality has authority to do a particular act in its discretion, the courts will not control that discretion, unless it has been manifestly abused, nor inquire into the propriety, economy, and general wisdom of the undertaking, or into the details of the manner adopted to carry it into execution. Chipstead v. Oliver, 137 Ga. 483 (2) (73 S. E. 576) ; Dyer v. Martin, 132 Ga. 445 (3) (64 S. E. 475) ; City of Atlanta v. Holliday, 96 Ga. 546 (23 S. E. 509).
3. In the instant case the affidavit of illegality alleges that the assessing ordinance was null and void because the paving was not completed in accordance with the provisions of the paving ordinance as was required by the act of the General Assembly of Georgia approved July 28, 1917.' The affidavit of illegality, construed most strongly against the affiant, shows that he (an abutting-property owner) knew that the paving was
Judgment reversed.
Rehearing
ON REHEARING.
A rehearing was granted; and after a careful reconsideration of the case the syllabus was rewritten, but the judgment is adhered to.