The appellants appealed to superior court by writ of certiorari from an adverse decision of the Macon-Bibb County Planning and Zoning Commission, granting an application by Mullis Tree Service, Inc., to allow certain property to be used as a landfill. The superior court dismissed the appeal based on the appellants' failure to serve Mullis Tree Service with a copy of the petition in a timely manner. The appellants then filed a direct appeal to this court, which Mullis Tree Service has moved to dismiss based on the appellants' failure to follow the discretionary appeal procedures set forth at OCGA 5-6-35
This court has previously held that OCGA 5-6-35
(a) (1) is applicable to appeals from decisions of the superior courts reviewing decisions of local zoning tribunals, regardless of whether the appeal was dismissed by the superior court or whether a ruling on the merits was issued. See Brewer v. Bd. of Zoning Adjustment, 170 Ga. App. 351 (317 SE2d 327) (1984)
. The motion to dismiss the present appeal is accordingly granted.
Tim D. Hemingway, for appellee.