Kidd v. Mayor of Milledgeville
Kidd v. Mayor of Milledgeville
97 Ga. App. 135; 102 S.E.2d 95; 1958 Ga. App. LEXIS 720
Kidd v. Mayor of Milledgeville
Opinion of the Court
An action for a declaratory judgment will not lie in favor of a municipality to determine the ownership of land allegedly lying within a 100-foot street right-of-way of which the municipality claims control and jurisdiction equivalent to fee-simple title, and to determine whether or not a landowner is encroaching upon such right-of-way, as the municipality had a clear and adequate remedy at law. Bright v. City of Washington, 95 Ga. App. 84 (97 S. E. 2d 163).
The court erred in overruling the general demurrer to the petition.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.