City of Atlanta v. Columbia Pictures Corp.

Head, Presiding Justice,

dissenting. The issue in the present case was carefully, fully, and ably considered by the trial judge, as shown by his opinion filed in the cause. Briefly stated, the judge, after an analysis of the opinion of this court in K. Gordon Murray Productions, Inc. v. Floyd, 217 Ga. 784 (125 SE2d 207), stated that the question was whether the general welfare clause in the charter of the city and the act approved August 16, 1915 (Ga. L. 1915, pp. 480, 497) contain sufficient authority, after the ruling in the Murray case, supra, to authorize the ordinance under attack. The judge determined that such authority did not exist and overruled the general demurrer of the city. I agree with the reasoning of the trial judge and the result reached. I therefore dissent from the opinion of the majority in the present case.