GEORGIA DEPT. OF TRANSP. v. BAE

No. A12A2493.

738 S.E.2d 682 (2013)

320 Ga. App. 358

GEORGIA DEPARTMENT OF TRANSPORTATION v. BAE et al.

Court of Appeals of Georgia.

February 21, 2013.


Attorney(s) appearing for the Case

Samuel S. Olens , Nancy M. Gallagher , C. Bradford Sears Jr. , Robert C. Edwards , for Appellant.

William Albert White , McDonough, for Appellee.


DOYLE, Presiding Judge.

Ju Hwan Bae and Kum Sun Bae filed an inverse condemnation claim arising from the construction of a new section of State Road 155 near their commercial property. The trial court denied summary judgment to the Georgia Department of Transportation ("DOT") and denied its subsequent motion for reconsideration. DOT filed an application for interlocutory review, which we granted. We reverse, for the reasons that follow.

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