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SWINEY v. STATE HIGHWAY DEPARTMENT

43101.

116 Ga. App. 667 (1967)

158 S.E.2d 321

SWINEY et al. v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided November 16, 1967.

Attorney(s) appearing for the Case

Richardson & Chenggis, Platon P. Constantinides, for appellants.

George P. Dillard, Herbert O. Edwards, Robert E. Mozley, for appellee.

DEEN, Judge.

1. The State Highway Department condemned 4.618 acres of land on the west side of Evans Road in DeKalb County for expressway purposes, leaving .7 acre of the land of the condemnee to the west of the road and a large tract to the east. One of the questions raised is whether the .7 acre left on the west side was in fact "taken" because it was not usable for residential property thereafter, its highest and best use and the one for which it was zoned at the...

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