SUTTON v. CITY OF CORDELE

27930.

230 Ga. 681 (1973)

198 S.E.2d 856

SUTTON et al. v. CITY OF CORDELE.

Supreme Court of Georgia.

Decided May 31, 1973.

Rehearing Denied June 21, 1973.


Attorney(s) appearing for the Case

McDonald, Mills & Chasteen, Ben B. Mills, Jr., for appellants.

Guy Velpoe Roberts, Jr., for appellee.


NICHOLS, Justice.

The City of Cordele filed an action in which it sought a permanent injunction to prevent the defendants from maintaining a permanent trespass (a store building) on portions of Sixth Avenue and Eleventh Street in the City of Cordele. After numerous pleadings, interrogatories and affidavits were filed, the trial court granted the plaintiff's motion for a summary judgment and the defendants filed an appeal. Held:

1. The motion to dismiss...

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