CITY OF ATLANTA v. ROSEBUSH

55451, 55452, 55495, 55496.

146 Ga. App. 99 (1978)

245 S.E.2d 440

CITY OF ATLANTA v. ROSEBUSH et al.; and vice versa. CITY OF ATLANTA v. WHITE et al.; and vice versa.

Court of Appeals of Georgia.

Decided April 19, 1978.

Rehearing Denied May 26, 1978.


Attorney(s) appearing for the Case

Ferrin Y. Mathews, Bernard R. Thomas, Alford J. Dempsey, Jr., for City of Atlanta.

Webb, Young, Daniel & Murphy, Thomas L. Murphy, for Rosebush et al. and White et al.


BELL, Chief Judge.

These are condemnation cases brought by City of Atlanta. In all cases condemnees sought reasonable and necessary expenses of litigation by way of "counterclaim." The main condemnation actions were voluntarily dismissed by the condemnor and over the condemnees' objection. The trial court after a hearing held that the condemnor was authorized to dismiss and that the condemnees were entitled to expenses of litigation in stated amount. The condemnor...

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