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TOLER v. GEORGIA DEPT. OF TRANSP.

No. A14A0267.

761 S.E.2d 550 (2014)

328 Ga. App. 144

TOLER et al. v. GEORGIA DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

July 10, 2014.

Attorney(s) appearing for the Case

Joseph Alexander Boone , Irwinton, Ivy Neal Cadle , Macon, Charles Lucius Ruffin , Atlanta, for Appellant.

Michael Devlin Cooper , Macon, Paul Hammond Dunbar III , Augusta, John A. Draughon , Samuel S. Olens , for Appellee.

McMILLIAN, Judge.

On May 3, 2000, the Georgia Department of Transportation ("DOT") initiated proceedings to condemn 1.7 acres of land in Wilkinson County (the "Property") owned by Charlotte Lord Toler, Ray E. Toler, and William T. Toler (the "Tolers"). The Tolers appealed the condemnation and demanded a jury trial. They later asserted a claim for business losses arising out of kaolin production on the land. The matter proceeded to trial over 12 years after the initial...

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