State Highway Department v. Calhoun

Full title: STATE HIGHWAY DEPARTMENT v. CALHOUN et al

Court: Court of Appeals of Georgia

Date published: Feb 3, 1967

154 S.E.2d 37 (Ga. Ct. App. 1967)

115 Ga. App. 152

Opinion

42329.

DECIDED FEBRUARY 3, 1967.

Condemnation of land. McDuffie Superior Court. Before Judge Stevens.

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, D. Field Yow, L. Clifford Adams, Deputy Assistant Attorneys General, Lon L. Fleming, for appellant.

Robert E. Knox, Warren D. Evans, for appellees.

EBERHARDT, Judge.

Our judgment ( State Hwy. Dept. v. Calhoun, 114 Ga. App. 501 ( 151 S.E.2d 806)), having been reversed by the Supreme Court ( Calhoun v. State Hwy. Dept., 223 Ga. 65 ( 153 S.E.2d 418)), insofar as we applied the Act of 1966 (Ga. L. 1966, pp. 320, 327), (which the Supreme Court holds to be unconstitutional) and held that evidence admitted or a charge given contrary to the terms of that Act required a reversal of the judgment, we hereby conform our judgment as found in Division 5 (a, b) to that of the Supreme Court. Other portions of our judgment, being unaffected by the Supreme Court ruling, stand. Having so conformed, we find no error and the judgment of the trial court is

Affirmed. Bell, P. J., and Jordan, J., concur.

DECIDED FEBRUARY 3, 1967.