City of Atlanta v. Rosebush

Bell, Chief Judge.

These are condemnation cases brought by City of Atlanta. In all cases condemnees sought reasonable and necessary expenses of litigation by way of "counterclaim.” The main condemnation actions were voluntarily dismissed by the condemnor and over the condemnees’ objection. The trial court after a hearing held that the condemnor was authorized to dismiss and that the condemnees were entitled to expenses of litigation in stated amount. The condemnor has appealed in case nos. 55451 and 55495. The condemnees cross appeal in case nos. 55452 and 55496. Held:

1. Main appeals, case…