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Paul Maynard Constr. Inc. v. City of Watkinsville

Because petitioners withdrew their plat of a proposed apartment complex, the city and county could not be compelled to issue a sewer permit for the proposed project.

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T. L. Vaughan, Jr., Jean Vaughan, and Paul Maynard Construction, Inc. “the Vaughans”, sought a writ of mandamus to compel the City of Watkinsville and Oconee County to issue a sewer permit, and an injunction against those entities to preclude any acts of interference with the Vaughans’ property lying within the limits of the City of Watkinsville and upon which the Vaughans wish to locate a thirty-six unit apartment complex. We affirm the trial court’s denial of the petition. Although the Vaughans assert five enumerations of error, we need only address the trial court’s ruling that neither a writ of mandamus nor an injunction was available.

As required by the City’s Subdivision Regulations, the Vaughans submitted a preliminary plat of the project to the Planning Commission. The staff of the Planning Commission recommended denial because of failure to comply with the City’s Subdivision Regulations, and the Planning Commission voted to deny. The Vaughans then modified the plat, and the staff of the Planning Commission again recommended denial for failure to comply with the City’s Subdivision Regulations. The Vaughans subsequently withdrew the plat.

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