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GALLOWAY v. BOARD OF COMMISSIONERS OF BANKS COUNTY

36356.

246 Ga. 472 (1980)

271 S.E.2d 784

GALLOWAY et al. v. BOARD OF COMMISSIONERS OF BANKS COUNTY et al.

Supreme Court of Georgia.

Decided September 9, 1980.

Rehearing Denied October 3, 1980.

Attorney(s) appearing for the Case

David C. Jones, Jr., for appellants.

Joseph A. Griggs, Jack S. Davidson, Albert Sidney Johnson, Benning M. Grice, Jr., for appellees.

MARSHALL, Justice.

This is an action for declaratory judgment and injunctive relief brought by citizens and taxpayers of Banks County against the Board of Commissioners of Banks County.

In three separate condemnation proceedings in 1968 and 1970, Banks County condemned fee simple title to approximately 31 acres of land in the Middle Fork Broad River Watershed. The petitions, pleadings, and judgments in each proceeding state that the county is bringing the...

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