Legal Opinion

Habersham Downs Homeowners' Ass'n v. Department of Transportation

Court of Appeals of Georgia

Decided March 17, 1994No. A93A2112PublishedCited by 8 opinions

1Opinion of the Court

Smith, Judge.

In this condemnation case involving the widening of State Route 92 in north Fulton County, Habersham Downs Homeowners’ Associa- • tion filed a petition to set aside, annul, vacate, and dismiss the De partment of Transportation’s declaration of taking. See OCGA § 32-3-11 (c). The trial court denied the petition, and this appeal followed.

The record reveals that Habersham Downs is a subdivision consisting of 52 lots in the Roswell area of north Fulton County. Part of the common area owned by the association, an amenities area including a swimming pool and tennis courts, abuts…

2Cases cited6 opinions

  1. City of Atlanta v. Heirs of ChampionSupreme Court of Georgia · 1979
  2. Dorsey v. Department of TransportationSupreme Court of Georgia · 1981
  3. Cox Communications, Inc. v. Department of TransportationSupreme Court of Georgia · 1986
  4. Benton v. Chatham CountyCourt of Appeals of Georgia · 1992
  5. Department of Transportation v. HudsonCourt of Appeals of Georgia · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hulsey v. Department of TransportationCourt of Appeals of Georgia · 1998
  2. City of Atlanta v. Yusen Air & Sea Service Holdings, Inc.Court of Appeals of Georgia · 2003
  3. TJW Enterprises v. Henry CountyCourt of Appeals of Georgia · 2003
  4. Back v. City of Warner RobinsCourt of Appeals of Georgia · 1995
  5. Edgewater Hall Enterprises, LLC v. City of CantonCourt of Appeals of Georgia · 2022

3 more not listed; retrieve them via the Exa API.

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