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DEPT. OF TRANSP. v. B & G REALTY

A90A0980.

197 Ga. App. 613 (1990)

398 S.E.2d 762

DEPARTMENT OF TRANSPORTATION v. B & G REALTY, INC. et al.

Court of Appeals of Georgia.

Rehearing Denied November 19, 1990.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Roland F. Matson, Senior Assistant Attorney General, Thurman E. Duncan, for appellant.

Page, Scrantom, Harris & Chapman, William G. Scrantom, Jr., Shannon F. Land, for appellees.

COOPER, Judge.

This is an appeal by the Department of Transportation ("DOT") from the order of the trial court granting appellees' motion to set aside, vacate and annul a declaration of taking. In October 1988, the DOT filed a condemnation action pursuant to OCGA § 32-3-1 et seq. to acquire access rights in connection with the improvement of the Columbus-Manchester Expressway in Columbus, Georgia. The ownership of these access rights has been in controversy since...

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