SMOKE CITY SHOP, LLC v. CITY OF ATLANTA, GEORGIA ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    July 14, 2021
    The Court of Appeals hereby passes the following order:
    A21A1534. SMOKE CITY SHOP, LLC et al. v. CITY OF ATLANTA,
    GEORGIA et al.
    After the City of Atlanta denied their application for an alcoholic beverage
    license, Smoke City Shop, LLC and Amat Baba filed a certiorari petition in the
    superior court. The superior court denied the petition, and Smoke City and Baba now
    appeal directly to this Court. We lack jurisdiction.
    Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts
    reviewing decisions of . . . state and local administrative agencies . . . by certiorari or
    de novo proceedings” must be brought by application for discretionary appeal. See
    Northwest Social & Civic Club v. Franklin, 
    276 Ga. 859
     (583 SE2d 858) (2003)
    (discretionary application was proper method to appeal superior court’s ruling on
    certiorari petition from City of Atlanta’s denial of liquor license). Accordingly,
    Smoke City and Baba were required to file a discretionary application to appeal the
    superior court’s ruling. Their failure to do so deprives us of jurisdiction over this
    direct appeal, which is hereby DISMISSED. See id.; Thomas County v. WH Group
    2, LLC, __ Ga. App. __ (857 SE2d 94) (2021).
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    07/14/2021
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A21A1534

Filed Date: 7/23/2021

Precedential Status: Precedential

Modified Date: 7/23/2021