FRANCO'S PIZZA &c., INC. v. DEPT. OF TRANSP.

71390, 71391.

178 Ga. App. 331 (1986)

343 S.E.2d 123

FRANCO'S PIZZA & DELICATESSEN, INC. v. DEPARTMENT OF TRANSPORTATION. DEPARTMENT OF TRANSPORTATION v. SELIG ENTERPRISES, INC. et al.

Court of Appeals of Georgia.

Rehearing Denied March 19, 1986.


Attorney(s) appearing for the Case

Richard N. Hubert, Robert L. Rothman, for appellant (case no. 71390).

Michael J. Bowers, Attorney General, Marion O. Gordon, First Assistant Attorney General, Roland F. Matson, Senior Assistant Attorney General, Beryl H. Weiner, J. Matthew Dwyer, Jr., James S. S. Howell, Special Assistant Attorneys General, for Department of Transportation.

John C. Gray, George B. Haley, Jr., for appellees (case no. 71391).


McMURRAY, Presiding Judge.

This action is a declaration of taking condemnation case filed by the Department of Transportation. The parties whose interests are at issue on this interlocutory appeal are the condemnor and condemnee Franco's Pizza and Delicatessen, Inc. (Franco's). Condemnee Franco's was a lessee of condemnee Selig Enterprises, Inc., holder of the fee simple title of the premises involved.

On April 5, 1985, the trial court entered the order from...

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