Opinion
33974.
SUBMITTED NOVEMBER 3, 1978.
DECIDED DECEMBER 5, 1978.
Certiorari to the Court of Appeals of Georgia — 146 Ga. App. 581 ( 246 S.E.2d 706) (1978).
Kimzey, Kimzey Carter, Herbert B. Kimzey, M. Keith York, Tom Carter, for appellants.
Gross, Stowe Shepherd, Millard B. Shepherd, Jr., for appellee.
We granted the writ of certiorari in this condemnation case to review the Court of Appeals' opinion in Shelkeith, Inc. v. Dept. of Transportation, 146 Ga. App. 581 ( 246 S.E.2d 706) (1978), which held that under White v. Ga. Power Co., 237 Ga. 341 ( 227 S.E.2d 385) (1976), the factfinder's refusal to award additional damages in a condemnation case is final and cannot be disturbed.
In light of our recent holding in DeKalb County v. Trustees c. B. P. O. Elks, 242 Ga. 707 (1978) in which White, supra, was overruled, the issue raised by this appeal has become moot. Therefore, the writ of certiorari is dismissed as improvidently granted.
Appeal dismissed. All the Justices concur, except Nichols, C. J., Undercofler, P. J., and Hill, J., who concur in the judgment only.