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Zoning Bulletin April 25, 2017 1 Volume 11 1 Issue 8 <br />"may well have abused its discretion in concluding that all of the condi- <br />tions were met and thus in granting the variance to Kerley, but that is a <br />question of the correctness of the BZA's decision, not its nature." "A <br />quasi-judicial decision does not become a legislative decision simply <br />because it was wrong," said the court. <br />See also: Haralson County v. Taylor Junkyard of Bremen, Inc., 291 <br />Ga. 321, 729 S.E.2d 357 (2012). <br />Case Note: <br />The Homeowners had also sought an. injunction restraining and enjoining <br />Kerley and the City from "violating the Zoning Ordinance. " The Supreme <br />Court of Georgia denied that injunction. It noted that an injunction is an equi- <br />table remedy available only when "no adequate remedy is provided at law." <br />(OCGA § 9-5-1.) In this case, a petition for certiorari provided that adequate <br />legal remedy, said the court. <br />Case Note: <br />The holdings in this case disapproved Dougherty County v. Webb, 256 Ga. <br />474, 350 S.E.2d 457 (1986) (disapproved of by, City of Cumming v. Flowers, <br />2017 WL 875041 (Ga. 2017)); Jackson v. Spalding County, 265 Ga. 792, 462 <br />S.E.2d 361 (1995); Shockley v. Fayette County, 260 Ga. 489, 396 S.E.2d 883 <br />(1990) (disapproved of by, City of Cumming v. Flower's, 2017 WL 875041 <br />(Ga. 2017)); City of Atlanta v. Wansley Moving & Storage Co., 245 Ga. 794, <br />267 S.E.2d 234 (1980). <br />PreemptionStateCommission <br />permits waste oil treating plant in <br />county, but county zoning laws <br />prohibit plant <br />Parties dispute whether county zoning laws are <br />preempted by state law governing oil and gas <br />development <br />Citation: Environmental Driven Solutions, LLC v. Dunn County, <br />2017 ND 45, 890 N. W.2d 841 (N.D. 2017) <br />© 2017 Thomson Reuters 5 <br />