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DEPT. OF TRANSP. v. KATZ

66714, 66716, 66715, 66717.

169 Ga. App. 310 (1983)

312 S.E.2d 635

DEPARTMENT OF TRANSPORTATION v. KATZ et al. (two cases); and vice versa.

Court of Appeals of Georgia.

Rehearing Denied December 16, 1983.

Attorney(s) appearing for the Case

G. Conley Ingram, Robert D. McCallum, Jr., J. Scott Jacobson, Michael J. Bowers, Attorney General, Marion O. Gordon, First Assistant Attorney General, Roland F. Matson, Senior Assistant Attorney General, for appellant (case nos. 66714, 66716).

John W. Gibson, Maureen Morrissey, for appellees (case nos. 66714, 66716).

CARLEY, Judge.

Pursuant to OCGA § 32-3-4 et seq. (Code Ann. § 95-2804 et seq.), the Department of Transportation (DOT) filed a proceeding in rem, condemning property owned by the condemnees which was located adjacent to an expressway service road. As provided by OCGA § 32-3-4 (Code Ann. § 95-2804), condemnees timely filed a notice of appeal. Approximately one year later, DOT filed a second proceeding in rem, condemning property owned by the condemnees...

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