SIMS v. MAYOR & ALDERMEN OF THE CITY OF SAVANNAH et al., 247 Ga. 524, 277 S.E.2.d 54 (1981)

Supreme Court of Georgia, (April 21, 1981)

Docket number: 37308
DECIDED

MARSHALL, Justice. - DECIDED
Permanent Link: http://vlex.com/vid/sims-amp-aldermen-city-savannah-et-20403086
Id. vLex: VLEX-20403086

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Summary:

Judgment affirmed. All the Justices concur.

Citations:

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Cited by:

Georgia Court Of Appeals - Echols Et Al. v. Quality Mechanical, Inc., 177 Ga. App. 870, 341 S.E.2d 328 (1986)

Supreme Court of Georgia - SULLIVAN v. MAYOR & ALDERMEN OF THE CITY OF SAVANNAH., 250 Ga. 121, 296 S.E.2.d 690 (1982)

Georgia Court Of Appeals - City of Atlanta v. Lambright Et Al., 205 Ga. App. 558, 423 S.E.2d 265 (1992)

Georgia Court Of Appeals - The State v. Fowler., 182 Ga. App. 897, 357 S.E.2d 329 (1987)

Georgia Court Of Appeals - Haygood v. The State., 221 Ga. App. 477, 471 S.E.2d 552 (1996)

Text:

In these consolidated appeals, the appellants seek to attack the constitutionality of the procedure established in City of Savannah Code 7-1036 for the imposition of fines arising from parking meter violations. In each case, a hearing was conducted in the Recorder's Court of Savannah, and the appellants were ordered to pay the fines. A petition for writ of certiorari was dismissed by the Chatham Superior Court. These appeals follow.

The dismissal of the petition for writ of certiorari by the superior court must be affirmed, because nowhere in the records of these cases has the municipal ordinance under attack been pleaded and proved. Neither a trial court nor an appellate court may judicially notice a municipal ordinance. Mayor &c. of Savannah v. T. W.A., Inc., 233 Ga. 885 (214 SE2d 370) (1975) and cits. Where an ordinance of a municipality is relied upon, it must be pleaded and proved in the trial court. Hernandez v. Bd. of Commrs. of Camden County, 242 Ga. 76 (247 SE2d 870) (1978) and cits.

Robert M. Ray, Jr., for appellants.

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