MAYOR OF CITY OF SAVANNAH v. SAVANNAH CIG. & AMUS. SERVICES

No. S96A0875.

476 S.E.2d 581 (1996)

267 Ga. 173

MAYOR AND ALDERMEN OF the CITY OF SAVANNAH v. SAVANNAH CIGARETTE AND AMUSEMENT SERVICES, INC.

Supreme Court of Georgia.

October 15, 1996.


Attorney(s) appearing for the Case

James B. Blackburn, Wiseman, Blackburn & Futrell, Savannah, for Mayor and Aldermen of City of Savannah.

Harold B. Yellin, Kirby C. Gould, Hunter, MacLean, Exley & Dunn, P.C., Savannah, Timothy N. Toler, Hunter, MacLean, Exley & Dunn, P.C., Atlanta, for Savannah Cigarette and Amusement Services, Inc.


HINES, Justice.

We granted the Mayor and Aldermen of the City of Savannah interlocutory review of the denial of the City's motion to dismiss this action claiming inverse condemnation from an unconstitutional taking of property as the result of rezoning.

Savannah Cigarette and Amusement Services, Inc. owned real property in the City of Savannah, and in 1992 leased a building on the property to a tenant planning to operate a neighborhood lounge. In September...

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