Department of Transportation v. Merritt

Full title: DEPARTMENT OF TRANSPORTATION v. MERRITT et al

Court: Supreme Court of Georgia

Date published: Jan 30, 1979

252 S.E.2d 508 (Ga. 1979)

243 Ga. 52

Opinion

34334.

ARGUED JANUARY 15, 1979.

DECIDED JANUARY 30, 1979.

Certiorari to the Court of Appeals of Georgia — 147 Ga. App. 316 ( 248 S.E.2d 689) (1978).

Arthur K. Bolton, Attorney General, William C. Joy, Assistant Attorney General, for appellant.

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.

BOWLES, Justice.

ARGUED JANUARY 15, 1979 — DECIDED JANUARY 30, 1979.