COX COMMUNICATIONS, INC. v. DEPT. OF TRANSP.

71224.

178 Ga. App. 499 (1986)

343 S.E.2d 765

COX COMMUNICATIONS, INC. v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Rehearing Denied April 2, 1986.


Attorney(s) appearing for the Case

J. Kirk Quillian, Donald W. Janney, for appellant.

John R. Strother, Jr., Beryl H. Weiner, James S. S. Howell, for appellee.


BENHAM, Judge.

Appellant brought this action under OCGA § 32-3-11 (a) to set aside a declaration of taking filed by appellee. The property taken is intended to be part of the Presidential Parkway and runs beneath guy wires supporting a broadcast tower owned and operated by appellant. Appellant's expressed concern is that traffic on the road will be endangered by ice falling from the tower. Because of the tower's height, 1,076 feet above ground level, ice forms...

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