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Targovnik v. City of Dunwoody Zoning Bd. of Appeals

The Court of Appeals reversed the trial court's dismissal of appellants' petition for certiorari, holding that the duly appointed secretary for the board of zoning appeals, or his proxy, was authorized to issue the certificate of cost payment.

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In this discretionary appeal, Tara Targovnik, Harris Targovnik, Mary Wynn, and Edward Wynn collectively, “the appellants” seek discretionary review of the trial court’s dismissal of their petition for certiorari based upon an insufficient certificate of costs. For the reasons set forth below, we reverse. The record shows that the City of Dunwoody Zoning Board of Appeals approved a stream buffer variance for a Dunwoody property owner to build a playground for a preschool. The appellants —four neighboring homeowners —opposed the variance and filed a petition for certiorari to the superior court. The city moved to dismiss the petition based upon the appellants’ failure to have the proper person sign their certificate of payment of costs. The superior court agreed and dismissed the petition for certiorari.

A city’s zoning ordinance may specify a particular method of appellate review, including by writ of certiorari. See Jackson v. Spalding County, 265 Ga. 792, 793 1 462 SE2d 361 1995. Section 5D-20 a of the City of Dunwoody Code of Ordinances provides that appeals from final decisions of the zoning board of appeals shall be made though a petition to the Superior Court of DeKalb County for a writ of certiorari.

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