214 Ga. 25 | Ga. | 1958
Under authority of and pursuant to the provisions of an act which the legislature passed in 1949 (Ga. L. 1949, p. 223), the unincorporated areas of Clayton County were zoned into several different use districts. As thus zoned, land located in an agricultural district may be used for cemetery purposes after the owner thereof obtains a certificate from the chief building inspector stating that such use complies with the provisions of the county’s zoning resolution. The plaintiffs instituted this litigation against the defendant in the Superior Court of Fulton County, and prayed that it be
Injunction will not be granted to restrain the commission of an act already completed. Code § 55-110; Shurley v. Black, 156 Ga. 683 (2a) (119 S. E. 618); Reid v. McRae, 190 Ga. 323 (2) (9 S. E. 2d 176); Wright v. Mayor &c. of Americas, 210 Ga. 358 (80 S. E. 2d 167). In, this case the original petition, which was filed several months after the defendant applied for and obtained a permit to use its property for cemetery purposes, and which the petitioner later amended, affirmatively shows that the defendant had already established a cemetery on its land before this litigation was instituted. “A cemetery is created by setting the ground apart for the burial of the dead, marking it, and distinguishing it from the adjoining ground, as a place of burial.” 14 C.J.S. 63, § 2. Hence, the petition as amended, which sought only an injunction to prevent the defendant from establishing a cemetery on its land in an agricultural district, failed to state a cause of action for such relief, and was properly dismissed on general demurrer. This being true, it is unnecessary to deal with any of the exceptions to the rulings respecting special demurrers.
Judgment affirmed on main bill of exceptions. Cross-bill of exceptions dismissed.