BENHAM, Judge.
Appellant's property was the subject of condemnation by the Department of Transportation, the action having been filed on September 7, 1986. Appellant petitioned to have the declaration of taking set aside, vacated, or annulled, and the Superior Court of Fulton County held an evidentiary hearing on the petition in April 1986. At the close of appellant's evidence, the DOT moved to dismiss his petition, and the trial court granted the motion. Appellant...
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