Sneakers of Cobb County v. Cobb County , 265 Ga. 410 ( 1995 )

Fletcher, Justice,

concurring specially.

Based on the merits of the appeal, I agree that the trial court’s order should be affirmed.

Cobb County’s adult entertainment ordinances, if interpreted narrowly in light of Gravely v. Bacon, 263 Ga. 203, 206-207 (429 SE2d 663) (1993), are not unconstitutionally overbroad or vague. Furthermore, Cobb County’s zoning ordinances relating to adult entertainment businesses, as originally enacted and as amended, provide “reasonable alternative avenues of communication” and therefore, are reasonable “time, place and manner” regulations. See City of Renton v. Playtime Theatres, 475 U. S. 41, 50 (106 SC 925, 89 LE2d 29) (1986). Because the ordinances were valid and Sneakers’ business was clearly in violation of the zoning ordinances, the trial court properly granted Cobb County’s motions for interlocutory and permanent injunction. Additionally, Sneakers cannot be entitled to damages where the issuance of the injunction was not wrongful.

Decided April 17, 1995 Reconsideration denied May 19, 1995. Richard E. Thomasson, for appellants. Edwards, Friedewald & Grayson, James W. Friedewald, Arnall, Golden & Gregory, Karen B. Bragman, for appellee.

I cannot agree with the majority’s rationale in Division 3, because I do not believe that a party who is wrongfully enjoined should be restricted to a proceeding under OCGA § 51-7-81 to recover its actual damages.

I am authorized to state that Justice Hunstein joins in this special concurrence.