FOX v. CITY OF CUMMING

No. A09A0532.

679 S.E.2d 365 (2009)

FOX v. CITY OF CUMMING.

Court of Appeals of Georgia.

April 23, 2009.


Attorney(s) appearing for the Case

Robert P. McFarland, Cumming, for appellant.

Miles & Tallant, Dana B. Miles, Atlanta, Kevin J. Tallant, Cumming, for appellee.


MIKELL, Judge.

This is the second appearance of this case before this Court. In Fox v. City of Cumming ("Fox I")1 we held that the newly-enacted Landowner's Bill of Rights and Private Property Protection Act, OCGA § 22-1-11, applied to pending condemnation proceedings only. Thus, because the City of Cumming had not instituted condemnation proceedings when Deborah Fox filed suit under the statute to challenge the City...

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