Legal Opinion
GARDEN PARKS, INCORPORATED v. Fulton County
Court of Appeals of Georgia
Decided April 11, 1953No. 34543PublishedCited by 11 opinions
1Opinion of the CourtFelton, J.
1. Ground three of the amended motion complains that the condemnor is seeking to condemn more property than is permitted by law. Ga. L. 1937, pp. 433, 434; Code (Ann. Supp.) § 36-1001. In condemnation proceedings the only issue before the assessors or a jury on appeal is the amount of compensation to be paid, and neither the assessors nor a jury can determine whether the condemnor is proceeding legally. The remedy of the landowner is to apply to a court of equity to enjoin the illegal proceedings. Atlanta Terra Cotta Co. v. Georgia Ry. &c. Co., 132 Ga. 537 (1, la) (64 S. E. 563); Atlantic…
2Cases cited5 opinions
- Atlanta Terra Cotta Co. v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1909
- Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
- Rogers v. Toccoa Power Co.Supreme Court of Georgia · 1926
- Harrold v. Central of Georgia Railway Co.Supreme Court of Georgia · 1915
- Parsons v. MarlandWest Virginia Supreme Court · 1954
3Cited by11 opinions
- Williams v. COLONIAL PIPELINE COMPANYCourt of Appeals of Georgia · 1964
- Ball v. State Highway DepartmentCourt of Appeals of Georgia · 1963
- Sumner v. State Highway DepartmentCourt of Appeals of Georgia · 1964
- Oglethorpe Power Corp. v. SeasholtzCourt of Appeals of Georgia · 1981
- Smith v. State Highway DepartmentCourt of Appeals of Georgia · 1962
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