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WALKER v. CITY OF WARNER ROBINS

S92A1433.

262 Ga. 551 (1992)

422 S.E.2d 555

WALKER et al. v. CITY OF WARNER ROBINS.

Supreme Court of Georgia.

Decided November 19, 1992.

Attorney(s) appearing for the Case

Lucas & Associates, Kenneth E. Lucas, Adams & Adams, Charles R. Adams, Jr., Williams & Sammons, George L. Williams, Jr., for appellants.

Jones, Cork & Miller, Charles L. Ruffin, George H. Hartwig III, David H. Pope, for appellee.

FLETCHER, Justice.

The City of Warner Robins sought a declaratory judgment that the city may enter private property to conduct a preliminary survey prior to filing a condemnation petition to acquire flood control facilities. The trial court granted the city's motion for summary judgment and enjoined the property owners from interfering with the survey. The property owners contend that the city does not possess the power of eminent domain for flood control, violated...

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