The trial court refused to do so on the ground that criminal charges could be brought against the private clubs to prevent them from "pouring" alcoholic beverages. We agree that the trial court erred. "[U]nder the facts of this case the legal remedy of taking warrants for violations of the criminal laws . . . would not afford 'the full relief to which the facts and circumstances entitle' [the appellants], Chadwick v. Dolinoff, 207 Ga. 702 (2) ( 64 S.E.2d 76) (1951); and would not be 'as practical and as efficient to the ends of justice and its prompt administration as the remedy in equity,' Davis v. Logan, 206 Ga. 524 (4) ( 57 S.E.2d 568) (1950)." Cawthon v. Douglas County, 248 Ga. 760 (2) ( 286 S.E.2d 30) (1982).
See Town of Decatur v. DeKalb County, 130 Ga. 483 ( 61 S.E. 23) (1908). Under OCGA ยง 36-9-2, "The county governing authority . . . may . . . direct the disposal of any real property which may lawfully be disposed of. ..." Under OCGA ยง 50-16-144 property which is unserviceable constitutes property which may lawfully be disposed of. Davis v. Logan, 206 Ga. 524 (3) ( 57 S.E.2d 568) (1950). Property becomes unserviceable "when it cannot be beneficially or advantageously used under all the circumstances for county purposes."
Whether or not the county can create by ordinance its right to injunctive relief, under the facts of this case the legal remedy of taking warrants for violations of the criminal laws "would be deficient in protecting from anticipated wrong or relieving for injuries done," Code ยง 37-102; would not afford "the full relief to which the facts and circumstances entitle" it, Chadwick v. Dolinoff, 207 Ga. 702 (2) ( 64 S.E.2d 76) (1951); and would not be "as practical and as efficient to the ends of justice and its prompt administration as the remedy in equity." Davis v. Logan, 206 Ga. 524 (4) ( 57 S.E.2d 568) (1950). 3. Although no transcript of the interlocutory hearing appears in the record, the evidence admittedly adduced was sufficient to authorize the trial judge to find that the defendant's dog-grooming business was sufficiently voluminous and mechanized so as not to come within the definition of a customary, incidental home occupation and that under the facts of this case the defendant thus was violating the zoning ordinance.
It must be plain and adequate, or, in other words, as practical and as efficient to the ends of justice and its prompt administration as the remedy in equity.' Atlantic C. L. R. Co. v. Gunn, 185 Ga. 108, 110 ( 194 S.E. 365); Davis v. Logan, 206 Ga. 524, 526 (4) ( 57 S.E.2d 568), and cases cited." Ward v. Walker, 222 Ga. 451, 453 ( 151 S.E.2d 228) (1966).
It must be plain and adequate, or, in other words, as practical and as efficient to the ends of justice and its prompt administration as the remedy in equity." Atlantic C. L. R. Co. v. Gunn, 185 Ga. 108, 110 ( 194 S.E. 365); Davis v. Logan, 206 Ga. 524, 526 (4) ( 57 S.E.2d 568), and cases cited. The trial judge did not err in overruling the defendant's demurrers to the petition.
His powers as to the sale of county property, serviceable or unserviceable, is by virtue of ยง 11 of this act and not under Code ยง 91-804. Our ruling here is not in conflict with the rulings in Timbs v. Straub, 216 Ga. 451, supra; Malcolm v. Fulton County, 209 Ga. 392 ( 73 S.E.2d 173); Davis v. Logan, 206 Ga. 524 ( 57 S.E.2d 568); and Dyer v. Martin, 132 Ga. 445 ( 64 S.E. 475). The powers conferred by the special acts upon the county commissioners in these cases as to the sale of county property were not in conflict with Code ยง 91-804.
en. 29-30. This figure includes twenty-three cases not discussed elsewhere in this opinion where the sheriff's county-officer status plays a role in the decision: See Cameron v. Lang, 274 Ga. 122, 549 S.E.2d 341 (2001); Seay v. Cleveland, 270 Ga. 64, 508 S.E.2d 159 (1998); Atlanta Journal v. Clarke, 269 Ga. 33, 497 S.E.2d 358 (1998); In re Inquiry Concerning a Judge, 265 Ga. 326, 454 S.E.2d 780, 783 (1995); Hart v. Madden, 256 Ga. 497, 349 S.E.2d 737, 738 (1986); Southeastern Newspapers Corp. v. Griffin, 245 Ga. 748, 267 S.E.2d 21 (1980) (citing two others); Griffin v. Chatham County, 244 Ga. 628, 261 S.E.2d 570 (1979) (county commission may contract on behalf of sheriff); Lovett v. Bussell, 242 Ga. 405, 249 S.E.2d 86 (1978); Wolfe v. Huff, 232 Ga. 44, 205 S.E.2d 254 (1974); Warren, 202 S.E.2d at 409; Kiker v. Worley, 223 Ga. 736, 157 S.E.2d 745, 746 (1967); Reed v. Southland Publishing Co., 222 Ga. 523, 150 S.E.2d 817, 817 (1966); Lewis v. Gay, 215 Ga. 90, 109 S.E.2d 268, 275 (1959); Davis v. Logan, 206 Ga. 524, 57 S.E.2d 568, 569 (1950); Collins v. Mills, 198 Ga. 18, 30 S.E.2d 866, 866 (1944); Seaboard Air-Line R. Co. v. Wright, 157 Ga. 722, 122 S.E. 35, 36 (1924); Rose v. State, 107 Ga. 697, 33 S.E. 439 (1899); Brady v. Joiner, 101 Ga. 190, 28 S.E. 679 (1897); Haralson County v. Kimball, 243 Ga.App. 559, 533 S.E.2d 762 (2000); Malcom v. Newton County, 244 Ga.App. 464, 535 S.E.2d 824 (2000); Mayo v. Fulton County, 220 Ga.App. 825, 470 S.E.2d 258 (1996); Landis v. Rockdale County, 206 Ga.App. 876, 427 S.E.2d 286 (1992); Feise v. Cherokee County, 207 Ga.App. 17, 427 S.E.2d 294 (1992) (examining the county's liability when the tortfeasor was a deputy sheriff). B. Georgia's Constitutional Designation Cannot Be Dismissed as a Mere "Label"
The petition set forth a claim for equitable and declaratory relief to enjoin the sheriff in that sale as well as to declare the rights of the parties. See Continental Oil Co. Agrico Chemical Co. Div. v. Sutton, 126 Ga. App. 78, 80 (1) ( 189 S.E.2d 925); Concrete Coring Contractors v. Mechanical Contractors Engineers, Inc., 220 Ga. 714, 719 ( 141 S.E.2d 439); Davis v. Logan, 206 Ga. 524, 526 (4) ( 57 S.E.2d 588); Ballard v. Waites, 194 Ga. 427 ( 21 S.E.2d 848); Mock v. Darby, 109 Ga. App. 620 ( 137 S.E.2d 81). The trial court did not err in denying the motion to dismiss. Judgment affirmed in part and reversed in part.