HENDERSON v. STATE OF GEORGIA

A92A1573.

205 Ga. App. 542 (1992)

422 S.E.2d 666

HENDERSON et al. v. STATE OF GEORGIA.

Court of Appeals of Georgia.

Reconsideration Denied September 23, 1992.


Attorney(s) appearing for the Case

Christopher G. Nicholson, Hawk, Hawk & Lyons, Victor Hawk, for appellants.

Michael C. Eubanks, District Attorney, Richard E. Thomas, Assistant District Attorney, for appellee.


McMURRAY, Presiding Judge.

This is a case of first impression. At issue, is the interpretation to be given to the language setting forth the time requirement in OCGA § 16-13-49 (o) (5). The trial court denied appellants' motion to dismiss this condemnation proceeding, ruling that the time requirement set forth in OCGA § 16-13-49 (o) (5) is directory.

On September 13, 1991, the district attorney brought an in rem condemnation proceeding against property...

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