Henderson v. State of Georgia

McMurray, Presiding Judge.

This is a case of first impression. At issue, is the interpretation to be given to the language setting forth the time requirement in OCGA § 16-13-49 (o) (5). The trial court denied appellants’ motion to dismiss this condemnation proceeding, ruling that the time requirement set forth in OCGA § 16-13-49 (o) (5) is directory.

On September 13, 1991, the district attorney brought an in rem condemnation proceeding against property seized in a drug raid. Appellants filed answers to the complaint on October 17, 1991. The trial court held a hearing without a jury on February…