Karing Hands Healthcare Services, LLC v. City of Stonecrest

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 04, 2019

The Court of Appeals hereby passes the following order:

A19A1439. KARING HANDS HEALTHCARE SERVICES, LLC v. CITY OF STONECREST.

The City Council of Stonecrest Georgia (the “Council”) denied Karing Hands Healthcare Services, LLC’s (“Petitioner”) application for a special land use permit to operate a child care institution. Petitioner then filed a petition for a writ of certiorari in the superior court. After the superior court issued the writ of certiorari, the City of Stonecrest (the “City”) filed a motion to dismiss, arguing in pertinent part that Petitioner failed to satisfy the service requirements outlined in OCGA § 5-4-6 (b) within the required time after the writ was issued. The superior court granted the motion to dismiss, and Petitioner filed the instant direct appeal. We, however, lack jurisdiction. Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies . . . by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001); Taylor v. City of Atlanta, 184 Ga. App. 795, 795-796 (363 SE2d 45) (1987). Compliance with the discretionary appeal procedure is required even where the superior court dismisses the action. See Taylor, 184 Ga. App. at 796; accord Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351, 351 (317 SE2d 327) (1984).

Petitioner’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/04/2019 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.