Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A15A2024. GRANT SMERECZYNSKY v. CITY OF GAINESVILLE,

GEORGIA et al.

Grant Smereczynsky filed a petition for declaratory judgment, seeking a

declaration that the City of Gainesville, Georgia, the mayor, and a number of council

members violated the Commerce Clause of the United StatesConstitution, Art. I, Sec.

8, Cl. 3, and the Civil Rights Act, 42 U.S.C. § 1983, when they interpreted a zoning

ordinance and its subsequent amendment to preclude him from building an

“industrialized” single-family home on his property. Smereczynsky also requested a

writ of mandamus ordering the defendants to reissue a building permit so he could

complete construction on his property, and he sought preliminary and permanent

injunctions, including a temporary restraining order enjoining the defendants from

taking any further action to cause the removal of the home on the property. The trial

court denied Smereczynsky’s petition and requests for relief, finding that the

defendants properly interpreted the local zoning ordinance applicable at the time

Smereczynsky applied for his permit, that the zoning ordinance is constitutional, and

that the amended ordinance did not apply to Smereczynsky’s permit. Smereczynsky

then filed this direct appeal. It appears, however, that jurisdiction may be proper in

the Supreme Court.

The Supreme Court has exclusive jurisdiction over all cases involving

construction of the Constitution of the State of Georgia and of the United States and

all casesin which the constitutionality of a law, ordinance, or constitutional provision

has been called into question. See Ga. Const. of 1983, Art. VI, Sec. VI, Para. II (1);

Atlanta Independent School System v. Lane, 266 Ga. 657 (1) (469 SE2d 22) (1996). 

July 08, 2015
Additionally, The Supreme Court has exclusive appellate jurisdiction of all cases

involving extraordinary remedies, including mandamus. See Ga. Const. of 1983, Art.

VI, Sec. VI, Par. III (5); Ladzinske v. Allen, 280 Ga. 264 (626 SE2d 83) (2006) (cases

involving the grant or denial of mandamus are within the exclusive jurisdiction of the

Supreme Court without regard to the underlying subject matter or the legal issues

raised). And, the Georgia Constitution grants the Supreme Court general appellate

jurisdiction over “all equity cases.” Ga. Const. of 1983, Art. IV, Sec. VI, Par. III (2).

“‘Equity cases’ are those in which a substantive issue on appeal involves the legality

or propriety of equitable relief sought in the superior court – whether that relief was

granted or denied.” Beauchamp v. Knight, 261 Ga. 608, 609 (2) (409 SE2d 208)

(1991). In deference to the Supreme Court’s jurisdiction and because this case

involves constitutional challenges to a local ordinance, as well as a denial of

mandamus and equitable relief, this appeal is ordered TRANSFERRED to the

Supreme Court. 

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

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.

07/08/2015