Supreme Court of Georgia, (January 29, 1976)
Docket number: 30751
SUBMITTED
HALL, Justice. - SUBMITTED
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Judgment affirmed. All the Justices concur.

Supreme Court of Georgia - CLARK v. NELSON., 234 Ga. 644, 217 S.E.2.d 158 (1975)
Supreme Court of Georgia - MASLIA et al. v. DIMAURO et al., 232 Ga. 546, 207 S.E.2.d 509 (1974)
Supreme Court of Georgia - WILLIAMS et al. v. OWEN et al., 241 Ga. 363, 245 S.E.2.d 638 (1978)
R. Jerome Shepherd, Robert Y. Dewar, for appellant.
This is an appeal from the denial of injunctive relief.Appellant Wilson owns land on which she maintains both her home and a separate building in which she conducts a restaurant. This land lies in a neighborhood in which there are other nearby commercial establishments. Wilson's next door neighbor undertook to erect on his lot a mobile home for his family's occupancy. Wilson's opposition culminated in her equitable suit in Lowndes County Superior Court seeking to enjoin the erection and occupancy of the mobile home on the ground that the zoning variance permitting the use was for various reasons unlawful. After the issuance of a temporary restraining order, the matter came to be heard on her application for interlocutory injunction. At the conclusion of the hearing the restraining order was dissolved and the interlocutory injunction was denied. This is her appeal.We do not agree with Wilson's contentions that the face of the superior court order shows that court concluded erroneously that she was required to show irreparable injury (required for a temporary restraining order, Code Ann. 81A-165 (b)) and that without such showing it had no discretion to grant an interlocutory injunction. The order shows instead that the court concluded that Wilson had shown neither illegality nor harm to herself and consequently "this is not a proper case for interlocutory injunction" on the facts.The superior court's task on application for interlocutory injunction was to balance the conveniences of the parties, to preserve the status quo, and to consider whether greater harm would result from granting or refusing the injunction. Maddox v. Willis,Try vLex for FREE for 3 days
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