DEPT. OF TRANSP. v. DEFOOR

68931, 68932.

173 Ga. App. 218 (1984)

325 S.E.2d 863

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

Court of Appeals of Georgia.

Rehearing Denied December 20, 1984.


Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, James P. Googe, Executive Assistant Attorney General, Marion O. Gordon, First Assistant Attorney General, Roland F. Matson, Senior Assistant Attorney General, John R. Strother, Jr., J. Matthew Dwyer, Jr., Special Assistant Attorneys General, William W. White, for appellant.

Frank Love, Jr., Paul H. Anderson, Sr., Christopher G. Knighton, for appellees.


SOGNIER, Judge.

The sole issue before this court is the Department of Transportation's appeal from an order of the Superior Court consolidating two condemnation proceedings instituted by DOT against one tract of land owned by appellees.

It is uncontroverted that the property is one tract, with continuous borders and a connecting roadway. The apparent rationale behind the DOT's institution of two separate condemnation proceedings lies in the irregular shape...

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