KINNEY v. BROWN

29785.

234 Ga. 578 (1975)

216 S.E.2d 798

KINNEY v. BROWN et al.

Supreme Court of Georgia.

Decided May 20, 1975.

Rehearing Denied June 17, 1975.


Attorney(s) appearing for the Case

Harris & Martin, R. Britt Harris, Jr., for appellant.

Webb, Parker, Young & Ferguson, Guy Parker, for appellees.


UNDERCOFLER, Presiding Justice.

This appeal is from the denial of mandamus to compel the issuance of a building permit. The county maintains it owns a fifty foot right-of-way. The property involved is a residential subdivision. There is a recorded plat showing right-of-way with notation "not to be opened now." The right-of-way has not been graded, curbed, or paved because the plaintiff has failed to pay the cost of the materials. The trial court held there was a dedication...

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