Georgia Department of Transportation v. Bowles

BARNES, Chief Judge.

The Georgia Department of Transportation (“DOT”) appeals from the trial court’s dismissal of its condemnation petition under OCGA § 32-3-4 against property owned by Lynn and Judy Bowles and Synovus Mortgage Corporation (collectively “the Bowles”). The court dismissed the petition because it found that DOT’s failure to submit a properly attested affidavit 1 with its petition was fatal.

DOT contends the Bowles waived any right to challenge the sufficiency of the petition because they failed to raise the issue within 30 days after thé filing of the petition as required by OCGA…