DEPT. OF TRANSP. v. PETKAS

76525, 76526.

189 Ga. App. 633 (1988)

377 S.E.2d 166

DEPARTMENT OF TRANSPORTATION v. PETKAS et al; and vise versa.

Court of Appeals of Georgia.

Rehearing Denied December 15, 1988.


Attorney(s) appearing for the Case

Weiner, Dwyer, Yancey & Mackin, Dennis S. Mackin, Beryl H. Weiner, Michael J. Bowers, Attorney General, for appellant.

Peek & Whaley, J. Corbett Peek, Jr., James Garland Peek, Grizzard, Simons & Martin, D. Michael Sweetnam, Warren W. Wills, Jr., for appellees.


CARLEY, Judge.

Pursuant to OCGA 32-3-1 et seq., the Department of Transportation (DOT) condemned property which was owned by Mr. Nick Petkas and others (condemnees). The issue of just and adequate compensation was tried before a jury and the verdict which was returned was in excess of the amount which had been paid into court by DOT. The trial court entered judgment in favor of the condemnees for the difference. Thereafter, DOT filed a motion for new trial. Relying...

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