DEPT. OF TRANSPORTATION v. GARRETT

59027, 59028.

154 Ga. App. 104 (1980)

267 S.E.2d 643

DEPARTMENT OF TRANSPORTATION v. GARRETT et al. (two cases).

Court of Appeals of Georgia.

Decided March 21, 1980.


Attorney(s) appearing for the Case

Beryl Weiner, Arthur K. Bolton, Attorney General, Robert S. Stubbs, II, Executive Assistant Attorney General, John R. Strother, Jr., Assistant Attorney General, for appellant.

Kenneth L. Millwood, Max Olim, George A. Pindar, Robert Strickland, Jr., Robert W. Beynart, for appellees.


DEEN, Chief Judge.

These condemnation cases raise the single question of whether a flawed attempt by the appellant's predecessor, the State Highway Department, to condemn 40 feet of frontage along Moreland Avenue owned by predecessors in title of the Garretts was completely void. The appellant in the present case has filed eminent domain proceedings seeking to extend the width of Moreland Avenue to 100 feet; it contends that by virtue of the 1935 action it now owns...

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