Shelton v. Housing Authority of the City of Atlanta

Full title: SHELTON v. HOUSING AUTHORITY OF THE CITY OF ATLANTA

Court: Supreme Court of Georgia

Date published: Jul 9, 1971

183 S.E.2d 353 (Ga. 1971)

183 S.E.2d 353

Opinion

26202.

ARGUED JANUARY 13, 1971.

DECIDED JULY 9, 1971. REHEARING DENIED JULY 30, 1971.

Certiorari to the Court of Appeals of Georgia — 122 Ga. App. 535 ( 177 S.E.2d 832).

J. P. Shelton, pro se. King Spalding, R. William Ide, III, for appellee.

ALMAND, Chief Justice.

The Court of Appeals held that, "Damages as just and adequate compensation for property taken in the exercise of eminent domain in this State do not include expenses for expert witnesses and legal counsel," Shelton v. Housing Authority of the City of Atlanta, 122 Ga. App. 535 (1) ( 177 S.E.2d 832), citing in support of the ruling the case of Bowers v. Fulton County, 122 Ga. App. 45 ( 176 S.E.2d 219). The sole assignment of error in the application for the writ of certiorari is upon the above quoted ruling. At the time the application for the writ was granted the court granted the writ in Bowers v. Fulton County, supra. The ruling we have made this day in the Bowers case controls the instant case and requires an affirmance of the ruling by the Court of Appeals.

Judgment affirmed. Mobley, P. J., and Grice, J., and Judge T. O. Marshall, Jr., concur. Nichols, Undercofler and Hawes, JJ., dissent, Felton, J., disqualified.

ARGUED JANUARY 13, 1971 — DECIDED JULY 9, 1971 — REHEARING DENIED JULY 30, 1971.