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VENABLE v. STATE HWY. DEPT.

52170.

138 Ga. App. 788 (1976)

227 S.E.2d 509

VENABLE v. STATE HIGHWAY DEPARTMENT.

Court of Appeals of Georgia.

Decided May 26, 1976.

Attorney(s) appearing for the Case

Morgan & Sunderland, Thomas Stanley Sunderland, for appellant.

Arthur K. Bolton, Attorney General, William C. Joy, Assistant Attorney General, for appellee.

McMURRAY, Judge.

This is a condemnation case involving an in rem action by the State Highway Department in connection with the widening of an existing highway. A strip of property in front of a beer package store and restaurant was taken.

Subsequent to the filing of the proceedings the holder of a leasehold interest in the property sought to intervene, but was dismissed on summary judgment. In Lee v. Venable, 134 Ga.App. 92

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