Georgia Court of Appeals, 1928

Edmonds v. State Highway Board

Edmonds v. State Highway Board
Georgia Court of Appeals · Decided March 7, 1928 · Luke
37 Ga. App. 812; 142 S.E. 214; 1928 Ga. App. LEXIS 633

Edmonds v. State Highway Board

Opinion of the Court

Luke, J.

This was a suit against the State Highway Board, to recover damages for the alleged unlawful taking of private property for road purposes in Lamar county without due process of law and without providing compensation therefor. A general demurrer to the petition was sustained. In the absence of either constitutional or legislative authorization, no action will lie directly and primarily against the State Highway Board for the alleged unlawful appropriation of private property for road-construction purposes. The petition set forth no cause of action, and the general demurrer was properly sustained. See Ga. L. 1919, p. 242; Park’s Code Supp. 1926, § 828 (zz), Michie’s Georgia Code, § 828(1).

Judgment affirmed.

Broyles, C. J., 'concurs. Bloodworth, J., absent on account of illness.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.