City of Atlanta v. Heirs of Champion

I cannot subscribe to the majority’s holdings that "the Court of Appeals improperly acted as a fact finder, substituting its judgment for that of the special master and the trial judge,” and that "On appeal, the judgment must be affirmed unless shown to be clearly erroneous,” and, finally, that in regard to the actions of the special master and the trial court, "These findings should not be disturbed on appeal if there is any evidence to support them.”

*623No citation of authority is offered by the majority in support of the first two principles because, I submit, no authority exists for such…