Bailey v. McIntosh County (three Cases)

Summary

The court held that a county zoning ordinance was enacted under the county home-rule legislative power and therefore could be subjected to the constitutional referendum process. It reversed the superior court's order halting the referendum because the probate judge had authority to verify the petition and call the election. It affirmed the injunction against enforcement of the ordinance during the appeal because the County failed to provide the ordinance or its predecessor in the appellate record. No separate opinions were filed.