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ROSS et al. v. MULLIS TREE SERVICE, INC.

BANKE, Presiding Judge.

The appellants appealed to superior court by writ of certiorari form an adverse decision of the Macon-Bibb County Planning and Zoning Commission, granting an application by Mullis Tree Service, Inc., to allow certain property to be used as a landfill. The superior court dismissed the appeal based on the appellants' failure to serve Mullis Tree Service with a copy of the petition in a timely manner. The appellants then filed a direct appeal to this court, which Mullis Tree Service has moved to dismiss based on the appellants' failure to follow the discretionary appeal procedures set forth at OCGA § 5-6-35. Held:

This court has previously held that OCGA § 5-6-35 (a) (1) is applicable to appeals from decisions of the superior courts reviewing decisions of local zoning tribunals, regardless of whether the appeal was dismissed by the superior court or whether a ruling on the merits was issued. See Brewer v. Bd. of Zoning Adjustment, 170 Ga. App. 351 ( 317 S.E.2d 327) (1984). The motion to dismiss the present appeal is accordingly granted.

Appeal dismissed. Carley and Benham, JJ., concur.

DECIDED JULY 10, 1987.
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ROSS v. MULLIS TREE SERVICE, INC
(Jul 10, 1987)