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GOMEZ v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

A90A0960.

197 Ga. App. 834 (1990)

399 S.E.2d 536

GOMEZ et al. v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al.

Court of Appeals of Georgia.

Rehearing Denied December 4, 1990.

Attorney(s) appearing for the Case

McKenney & Froelich, William J. McKenney, David M. Kupsky, for appellants.

Pursley, Howell, Lowery & Meeks, Charles N. Pursley, Jr., Neely & Player, John T. Ruff, for appellees.

BEASLEY, Judge.

Foster and Mark Gomez own four parcels of improved property each of which has a duplex on it. The rear of the properties abuts a railroad right-of-way owned by Southern Railway Company. Prior to 1985, the railway operated two lines of trains on the tracks, which were level with the Gomez properties. In 1985, MARTA's north line was constructed within the boundaries of the right-of-way. The railway, however, changed the configuration of the tracks. Two...

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