ARNOLD v. SELECTED SITES, INC.

27333.

229 Ga. 468 (1972)

192 S.E.2d 260

ARNOLD v. SELECTED SITES, INC.

Supreme Court of Georgia.

Decided September 20, 1972.


Attorney(s) appearing for the Case

Moffett & Henderson, F. Glenn Moffett, Jr., Thomas Stanley Sunderland, for appellant.

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Robert W. Spears, for appellee.


UNDERCOFLER, Justice.

The appellant filed a suit in the Superior Court of Fulton County seeking to have a private way of necessity established for his use over the adjoining property of the defendant as provided by Georgia Laws 1967, p. 143 (Code Ann. §§ 83-101 through 83-106.2). The trial court sustained a motion to dismiss the complaint and held that the 1967 statute is unconstitutional. The appeal is from this judgment. Held:

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