Metropolitan Atlanta Rapid Transit Authority v. Leibowitz

Carley, Justice.

In a total taking, business property was condemned by appellantCondemnors. The issue of appellee-Condemnees’ just and adequate compensation was tried before a jury. Condemnors appealed to the Court of Appeals from the judgment entered on the jury’s verdict. The eight judges on the Court of Appeals who participated were equally divided as to affirmance or reversal based upon the resolution of one enumeration of error. Accordingly, the case was transferred to this court pursuant to Art. VI, Sec. V, Par. V of the Ga. Const, of 1983.

1. Condemnor’s relevant enumeration of error…