DEPT. OF TRANSP. v. FLINT RIVER &c. MILLS

32036.

238 Ga. 717 (1977)

235 S.E.2d 31

DEPARTMENT OF TRANSPORTATION v. FLINT RIVER COTTON MILLS.

Supreme Court of Georgia.

Decided April 27, 1977.


Attorney(s) appearing for the Case

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

Langstaff, Campbell & Plowden, R. Edgar Campbell, for appellee.

Huie, Ware, Sterne, Brown & Ide, W. Stell Huie, R. William Ide, III, Lawrence L. Thompson, Jay J. Levin, Troutman, Sanders, Lockerman & Ashmore, Allen E. Lockerman, J. Kirk Quillian, John G. Grubbs, amici curiae.


HILL, Justice.

In this condemnation case the Department of Transportation (DOT) appeals from an award to the condemnee of $850 as attorney fees and reasonable and necessary expenses of litigation.

DOT sought to condemn one one-hundredth (.01) of an acre in order to widen a street in Albany, Georgia. The entire tract owned by the cotton mill contained 7.10 acres and was being used for two baseball parks by the city at no expense to it. The condemned portion...

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