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Yasmine's Entertainment Hall v. City of Marietta

O.C.G.A. § 41-2-9 d provides for a direct appeal for the review of a demolition order in a case initiated in municipal court under City Code of Marietta § 10-8-60 and O.C.G.A. § 41-2-5 et seq.

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We granted Nazareth, LLC, Yasmine’s Entertainment Hall & Shadia’s Restaurant, LLC, and Waleed Jaraysi’s collectively, “Jaraysi” application for discretionary appeal from an order of the superior court dismissing their appeal from a municipal court order. The superior court dismissed the appeal because Jaraysi filed a direct appeal instead of petitioning for a writ of certiorari. Because OCGA § 41-2-9 d applies in this case and provides for a direct appeal from the municipal court’s order, we reverse. This case arose when the City of Marietta filed a request for the demolition of Jaraysi’s property under City Code of Marietta § 10-8-60 and OCGA § 41-2-5 et seq. Following a hearing, the municipal court entered the demolition order.

Jaraysi filed a direct appeal in the superior court under OCGA § 41-2-9 d, which provides: “Where the abatement action does not commence in the superior court, review of a court order requiring the repair, alteration, improvement, or demolition of a dwelling, building, or structure shall be by direct appeal to the superior court under Code Section 5-3-29.” The City filed a motion to dismiss the appeal, claiming that Jaraysi’s sole method of appeal was by petition for a writ of certiorari as provided by OCGA § 15-6-8 and OCGA § 5-4-1.1

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