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FULTON COUNTY v. FUNK

No. S95G0723.

463 S.E.2d 883 (1995)

266 Ga. 64

FULTON COUNTY et al. v. FUNK et al.

Supreme Court of Georgia.

Reconsideration Denied December 14, 1995.

Attorney(s) appearing for the Case

Charles N. Pursley, Jr., Jo Lanier Meeks, Pursley, Howell, Lowery & Meeks, Atlanta, Susan B. Forsling, Office of County Attorney, Atlanta, for Fulton County et al.

J. Corbett Peek, Jr., James Garland Peek, Peek & Whaley, Atlanta, for Funk et al.

Michael J. Bowers, Atty. Gen., Department of Law, George P. Shingler, Asst. Atty. Gen., Atlanta, Beryl H. Weiner, Thomas C. Dempsey, Weiner, Yancey, Dempsey & Diggs, Atlanta, Amicus Appellant.

CARLEY, Justice.

In a total taking, Fulton County and the Metropolitan Atlanta Rapid Transit Authority condemned property owned by Dr. Sidney Funk and leased to his professional corporation. The issue of just and adequate compensation for both condemnees was tried jointly before a jury and no evidence of uniqueness was presented. The valuation evidence of all parties dealt only with the fair market value of the property. The trial court charged the jury that the amount...

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