Coffey Enterprises Realty & Development Co. v. Moreland
Coffey Enterprises Realty & Development Co. v. Moreland
Opinion of the Court
Appellant condemnee brought this separate action against the Department of Transportation seeking to enjoin condemnation
The Department of Transportation filed a motion to dismiss and a verified answer pleading, inter alia, that appellant had an existing remedy within the condemnation proceedings.
All of the issues raised in appellant’s petition could and should have been raised in the condemnation proceeding. A . . property owner is required to set up all available defenses in the condemnation proceeding instead of raising them by a separate suit.” Pye v. State Hwy. Dept., 226 Ga. 389, 398 (175 SE2d 510) (1970); see also, Spell v. Haire, 233 Ga. 218, 219 (210 SE2d 729) (1974).
The trial court was correct in dismissing appellant’s petition.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.