DEPT. OF TRANSP. v. GILBERT'S AUTO SERV.

No. A09A2240.

687 S.E.2d 659 (2009)

DEPARTMENT OF TRANSPORTATION of Georgia v. GILBERT'S AUTO SERVICE, INC.

Court of Appeals of Georgia.

December 3, 2009.


Attorney(s) appearing for the Case

Power & Cooper, Warren Randall Power, McDonough, for appellant.

Smith, Welch & Brittain, A. J. Welch, Jr., William Albert White, McDonough, appellee.


MIKELL, Judge.

In this inverse condemnation action, appellant Department of Transportation of Georgia ("DOT") appeals from a judgment entered on a jury verdict in favor of Gilbert's Auto Service, Inc. ("Gilbert's Auto"). The trial court denied DOT's motion for directed verdict made at the close of evidence and its motion for judgment n.o.v. In both motions, DOT argued that Gilbert's Auto's action was barred by a consent judgment entered in a prior condemnation action...

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