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MARTA v. FUNK

S93GO579.

263 Ga. 385 (1993)

435 S.E.2d 196

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

Supreme Court of Georgia.

Decided October 4, 1993.

Attorney(s) appearing for the Case

Pursley, Howell, Lowery & Meeks, Charles N. Pursley, Jr., Jo Lanier Meeks, Susan B. Forsling, for appellants.

Peek & Whaley, J. Corbett Peek, Jr., James Garland Peek, for appellees.

Michael J. Bowers, Attorney General, George P. Shingler, Senior Assistant Attorney General, Dwyer & White, J. Matthew Dwyer, Jr., Anne W. Sapp, amici curiae.

CARLEY, Justice.

In a total taking, property owned by appellee-condemnee Dr. Sidney A. Funk and leased to appellee-condemnee Sidney A. Funk, M.D., P.C. (Corporation) was condemned by appellant-condemnors Metropolitan Atlanta Rapid Transit Authority and Fulton County. After the taking, the medical practice was moved to newly leased premises. No loss of business was experienced as the result of this move, but relocation expenses were incurred. The issue of just and...

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