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FULTON COUNTY v. WHEATON

40416.

252 Ga. 49 (1984)

310 S.E.2d 910

FULTON COUNTY et al. v. WHEATON et al.

Supreme Court of Georgia.

Decided January 25, 1984.

Attorney(s) appearing for the Case

Betts & Grant, David E. Betts, Donald B. DeLoach, for appellants.

Richard W. Wilson, Jr., Thomas J. Cullen, for appellees.

WELTNER, Justice.

The Wheatons obtained a directed verdict against Fulton County and certain county officials for flood damage to their home. The trial court found the county liable for maintaining a continuing nuisance which constituted a total taking of the Wheatons' property, and awarded damages in an amount equal to the fair market value of the property. Fulton County appeals.

The Wheatons purchased their home on...

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