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Tendler v. Thompson

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eBook details

  • Title: Tendler v. Thompson
  • Author : Supreme Court of Georgia
  • Release Date : January 28, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 50 KB

Description

Appellee, a Cobb County Commissioner, is the defendant in a quo warrantor action brought by appellant for the purpose of having appellee's office declared vacant. The basis of this action was Ga. L. 1973, p. 3640, which amends the act creating the Cobb County Board of Commissioners to provide that the chairman and each member of the board of commissioners and the chairman and each member of the planning and zoning commission fully disclose any interest in any land sought to be rezoned. The interest to be disclosed includes ownership of more than 15% of the outstanding capital stock in any corporation having an interest in such property. The disclosure required is by way of affidavit filed within twenty days of the date of the rezoning application. Failure to file the affidavit will cause the office of the person who does not file to become vacant on the first day of the month following the twentieth day. Although appellee did not file an affidavit within twenty days of his interest in a corporation seeking rezoning, testimony at the hearing on the quo warrantor action showed that he signed the rezoning application for the owner corporation, that he recused himself when the rezoning was heard, and that he later did sign an affidavit of interest.


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