Fellowship Christian School FCS applied to the City of Roswell City for a conditional use permit Permit to construct several new buildings, including a 1500-seat football stadium. A number of residents in the adjoining neighborhoods opposed the Permit. Although FCS agreed to various conditions to alleviate the impact of the project, the residents continued to object. However, the planning commission recommended approval over the opposition. After considering the evidence, the mayor and City Council did approve the Permit, but without the stadium. FCS filed a petition for a writ of mandamus, naming the City, the mayor and the members of the City Council Appellants as defendants. The complaint alleged that the decision to disallow the stadium was arbitrary, capricious, a gross abuse of discretion and a violation of both federal and state guarantees of equal protection. The trial court found in favor of FCS on all grounds, and Appellants applied for a discretionary appeal. We granted the application in order to determine whether the trial court erred in granting relief to FCS.
1. “Mandamus will issue against a public official only where the petitioner has demonstrated a clear legal right to relief or a gross abuse of discretion. Cit.” Gwinnett County v. Ehler Enterprises , 270 Ga. 570 1 512 SE2d 239 1999. These are alternative standards, and which of them applies depends upon the terms of the controlling ordinance. Jackson County v. Earth Resources , 280 Ga. 389, 390 627 SE2d 569 2006; Eason v. Dowdy , 219 Ga. 555, 556 134 SE2d 788 1964. Here, the City’s ordinance gives Appellants discretion in acting on an application for issuance of a Permit, rather than mandating approval of FCS’s application as a matter of right. See Jackson County v. Earth Resources , supra. “As Appellants’ decision was discretionary, the superior court’s grant of the writ of mandamus was proper only if the denial of the Permit was a gross abuse of discretion. Cit.” Jackson County v. Earth Resources , supra. If there was “any evidence” to support the denial of FCS’ application, Appellants did not grossly abuse their discretion, and the superior court erred in weighing the evidence to reach the contrary decision. Jackson County v. Earth Resources , supra at 391.
