MORNINGSIDE &c. ASSN. v. STATE HWY. DEPT.

24584.

224 Ga. 344 (1968)

161 S.E.2d 859

MORNINGSIDE-LENOX PARK ASSOCIATION, INC. et al. v. STATE HIGHWAY DEPARTMENT.

Supreme Court of Georgia.

Decided May 9, 1968.

Rehearing Denied May 23, 1968.


Attorney(s) appearing for the Case

Heyman & Sizemore, Maurice N. Maloof, for appellants.

Arthur K. Bolton, Attorney General, Richard L. Chambers, Marshall R. Sims, Assistant Attorneys General, for appellee.


ALMAND, Presiding Justice.

In this case we review the trial court's order sustaining the defendant's general demurrers to the plaintiffs' petition.

The main and controlling question in this case is whether the allegations in the plaintiffs' petition as amended are sufficient to show that the defendant, State Highway Department, abused its discretion in selecting Route "B" for Highway I-485.

The Morningside-Lenox Park Association, Inc., and several...

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