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TEXACO, INC. v. DEPARTMENT OF TRANSPORTATION

65099.

165 Ga. App. 338 (1983)

301 S.E.2d 59

TEXACO, INC. v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Decided February 4, 1983.

Attorney(s) appearing for the Case

H. Martin Huddleston, for appellant.

James A. Henderson, Michael J. Bowers, Attorney General, Marion O. Gordon, Senior Assistant Attorney General, George J. Hearn III, for appellee.

SHULMAN, Chief Judge.

Acting pursuant to Code Ann. Ch. 95A-6 (OCGA Ch. 32-3), the Department of Transportation ("DOT") filed a declaration of taking which sought to condemn two parcels of appellant/condemnee's property. Alleging fraud, bad faith, improper use, abuse and misuse of DOT's condemnation powers, the condemnee filed a petition to vacate, set aside and annul the taking. See Code Ann. § 95A-607 (OCGA § 32-3-11). After presiding over a hearing on...

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