Legal Opinion

Department of Transportation v. Franco's Pizza & Delicatessen, Inc.

Court of Appeals of Georgia

Decided November 4, 1982No. 64379PublishedCited by 11 opinions

1Opinion of the Court

Shulman, Presiding Judge.

Pursuant to Code Ann. § 95A-605, appellant Department of Transportation (DOT) filed a declaration of taking, condemning property in which appellee had a leasehold interest. Appellee filed a notice of appeal expressing dissatisfaction with the sum designated in the declaration of taking as just and adequate compensation (Code Ann. § 95A-610), and petitioned the court for an interlocutory hearing to be held by a special master. Code Ann. § 95A-611. Unhappy with the special master’s award, DOT also filed a notice of appeal in the superior court. The department further…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. DeKalb County v. Trustees, Decatur Lodge No. 1602Supreme Court of Georgia · 1978
  2. Department of Transportation v. DossSupreme Court of Georgia · 1977
  3. White v. Georgia Power Co.Supreme Court of Georgia · 1981

3Cited by11 opinions

  1. Department of Transportation v. PetkasCourt of Appeals of Georgia · 1988
  2. Department of Transportation v. Franco's Pizza & Delicatessen, Inc.Court of Appeals of Georgia · 1991
  3. Shiv Aban, Inc. v. Georgia Department of TransportationCourt of Appeals of Georgia · 2016
  4. Antique Center of Roswell, Inc. v. City of RoswellCourt of Appeals of Georgia · 1990
  5. Cobb County v. SevaniCourt of Appeals of Georgia · 1990

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