Oliver v. City of Macon

Full title: OLIVER et al. v. CITY OF MACON

Court: Supreme Court of Georgia

Date published: May 2, 1978

245 S.E.2d 280 (Ga. 1978)

245 S.E.2d 280

Opinion

33478.

SUBMITTED APRIL 14, 1978.

DECIDED MAY 2, 1978.

Violation of housing code, etc. Bibb Superior Court. Before Judge Culpepper.

Raley Exum, F. Robert Raley, for appellants.

Andrew W. McKenna, J. Michael Carpenter, for appellee.

NICHOLS, Chief Justice.

The appellants were cited by the building inspector of the City of Macon for violations of the city's housing code. They appealed the building inspector's determination to the municipal court. That court affirmed the building inspector's determination and ordered the properties be brought into minimum code standards within 60 days or else the buildings on the properties be demolished or removed. The appellants applied for certiorari to the superior court, which denied the writ.

Appellants contend this court has jurisdiction of the appeal due to a constitutional challenge as to the validity of the Housing Code of the City of Macon. There was no copy of the ordinance contained in the record. This court cannot take judicial notice of municipal ordinances. Mayor c. of Savannah v. TWA, 233 Ga. 885, 887 ( 214 S.E.2d 370) (1975). The remaining enumerations of error are within the jurisdiction of the Court of Appeals. Therefore, this case is transferred to that court.

Transferred to the Court of Appeals. All the Justices concur.

NICHOLS, Chief Justice.

SUBMITTED APRIL 14, 1978 — DECIDED MAY 2, 1978.