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RUSSELL v. TOWLES

Supreme Court of Georgia.
Sep 4, 1978

UNDERCOFLER, Presiding Justice.

We granted this interlocutory appeal to consider the question whether DeKalb County is entitled to a jury trial in a zoning case. In Guhl v. Davis, 242 Ga. 356 (1978), we held that constitutional questions are for the court and not a jury. The motion to dismiss is denied.

Judgment affirmed. All the Justices concur.

UNDERCOFLER, Presiding Justice.

ARGUED SEPTEMBER 13, 1978 — DECIDED OCTOBER 4, 1978 — REHEARING DENIED OCTOBER 24, 1978.