Edmund v. Odum

Full title: EDMUND v. ODUM et al

Court: Supreme Court of Georgia

Date published: Feb 20, 1980

265 S.E.2d 53 (Ga. 1980)

265 S.E.2d 53

Opinion

35690.

ARGUED JANUARY 15, 1980.

DECIDED FEBRUARY 20, 1980. REHEARING DENIED MARCH 4, 1980.

Injunction, etc. Appling Superior Court. Before Judge Knox.

Gibbs, Leaphart Smith, T. Alvin Leaphart, for appellant.

Dickey, Whelchel, Miles Brown, J. Thomas Whelchel, for appellees.

NICHOLS, Chief Justice.

The trial court erred in applying Code Ann. § 95A-619 (b) because the county merely was relocating a part of a road that still was in use by the public. That section applies only when the county is abandoning all or part of a road that no longer serves a substantial public purpose because it no longer is being used by the public. Miller v. Lanier County, 243 Ga. 58 ( 252 S.E.2d 909) (1979).

Judgment reversed. All the Justices concur.

NICHOLS, Chief Justice.

ARGUED JANUARY 15, 1980 — DECIDED FEBRUARY 20, 1980 — REHEARING DENIED MARCH 4, 1980.