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GA. PUBLIC SERVICE COMM. v. CENTRAL OF GA. R. CO.

72264.

179 Ga. App. 415 (1986)

346 S.E.2d 568

GEORGIA PUBLIC SERVICE COMMISSION et al. v. CENTRAL OF GEORGIA RAILROAD COMPANY.

Court of Appeals of Georgia.

Rehearing Denied June 19, 1986.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, H. Perry Michael, First Assistant Attorney General, Jim O. Llewellyn, Senior Assistant Attorney General, H. Jeff Lanier, Assistant Attorney General, for appellants.

Earle B. May, Jr., Benjamin M. Garland, for appellee.

BIRDSONG, Presiding Judge.

The Central of Georgia Railroad under OCGA § 46-8-121 petitioned the Georgia Public Service Commission (PSC) for approval of the railroad's condemnation of certain land in Lee County, to be used to construct a new rail yard including track and switching facilities, to replace the existing rail yard. After extensive hearings, the PSC denied the petition. The superior court reversed the PSC'S decision, holding that the PSC "attempted...

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