Supreme Court of Georgia, 1979

Department of Transportation v. Merritt

Supreme Court of Georgia · Decided January 30, 1979 · Bowles, Hill, Nichols

252 S.E.2d 508; 243 Ga. 52; 1979 Ga. LEXIS 802 (South Eastern Reporter, Second Series)

Opinion

Bowles, Justice.

The writ of certiorari was granted by this court on November 8, 1978, to review Division 4 of the Court of Appeals’ opinion which upheld the trial court’s award of attorney fees to the condemnee. DeKalb County v. Trustees &c., B. P. O. Elks, 242 Ga. 707 (1978) now controls, and would require a reversal of the award of attorney fees.

Judgment reversed.

All the Justices concur, except Nichols, C. J., and Hill, J., who concur in the judgment only.

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