Taylor v. Department of Transportation

Full title: TAYLOR v. DEPARTMENT OF TRANSPORTATION

Court: Court of Appeals of Georgia

Date published: May 13, 1994

445 S.E.2d 578 (Ga. Ct. App. 1994)

213 Ga. App. 232

Opinion

A92A1716.

DECIDED MAY 13, 1994.

Land condemnation. Fulton Superior Court. Before Judge Alexander.

Ellenberg Associates, Richard D. Ellenberg, for appellant.

Michael J. Bowers, Attorney General, Dwyer White, J. Matthew Dwyer, Jr., Anne W. Sapp, for appellee.

BLACKBURN, Judge.

In Division 1 of Taylor v. Dept. of Transp., 207 Ga. App. 707 ( 429 S.E.2d 108) (1993), we reversed the trial court's granting of the DOT's motion in limine excluding evidence of circuity of travel and inconvenience caused by the taking of certain property owned by Taylor. In Dept. of Transp. v. Taylor, 264 Ga. 18 ( 440 S.E.2d 652) (1994), the Supreme Court reversed, finding that the evidence was not relevant to Taylor's recoverable damages and that the trial court properly granted the motion in limine. Accordingly, Division 1 of this court's original judgment is vacated, and the judgment of the Supreme Court is hereby made the judgment of this court, and the trial court's granting of the motion in limine is affirmed.

Judgment affirmed in part and reversed in part. McMurray, P. J., and Cooper, J., concur.

DECIDED MAY 13, 1994.