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DOT v. PEACH HILL PROPERTIES

No. S06A0727.

631 S.E.2d 660 (2006)

280 Ga. 624

DEPARTMENT OF TRANSPORTATION et al. v. PEACH HILL PROPERTIES, INC.

Supreme Court of Georgia.

June 12, 2006.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Daniel M. Formby, Deputy Atty. Gen., Ray O. Lerer, Senior Asst. Atty. Gen., Eric A. Kane, Asst. Atty. Gen., Presto & Berggren, Cynthia A. Presto, for appellants.

Wilson, Brock & Irby, Richard W. Wilson, Jr., Atlanta, Dupree, King & Kimbrough, Hylton B. Dupree, Jr., Marietta, for appellee.

CARLEY, Justice.

In Georgia Dept. of Transp. v. Peach Hill Properties, 278 Ga. 198, 599 S.E.2d 167 (2004), we held that the trial court abused its discretion by ordering the Department of Transportation (DOT) to submit to the Federal Aviation Administration the exemption request of Peach Hill Properties, Inc. for a landfill to be located within six miles of a regional airport. However, we also...

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