KIDD v. MAYOR &c. OF MILLEDGEVILLE

36965.

97 Ga. App. 135 (1958)

102 S.E.2d 95

KIDD v. MAYOR &c. OF MILLEDGEVILLE.

Court of Appeals of Georgia.

Decided February 5, 1958.


Attorney(s) appearing for the Case

Wilbur B. Nall, W. George Thomas, for plaintiff in error.

Robert H. Herndon, contra.


FELTON, Chief Judge.

An action for a declaratory judgment will not lie in favor of a municipality to determine the ownership of land allegedly lying within a 100-foot street right-of-way of which the municipality claims control and jurisdiction equivalent to fee-simple title, and to determine whether or not a landowner is encroaching upon such right-of-way, as the municipality had a clear and adequate remedy at law. Bright v. City of Washington,

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