West Hamryka, et al. v. City of Dawsonville, et al.

Appellants, owners of a tract of real property in Dawson County, filed a nine-count complaint against appellees challenging a rezoning decision in superior court. The superior court granted summary judgment to appellees on three of the nine counts and appellants subsequently filed three direct appeals to the court. The court initially dismissed the appeals by order for failure to comply with the discretionary appeal procedures of OCGA 5-6-35. On appellants' motion for reconsideration, however, the court reinstated the appeals and directed the parties to brief whether OCGA 5-6-35(a)(1) applied. Having had the benefit of full briefing and oral argument on the issue, the court concluded that these appeals came under OCGA 5-6-35(a)(1) and so the court dismissed them again.