Smith v. Board of Commissioners

Carley, Justice.

Appellant-plaintiffs own property along an unpaved road in Clarke County. Pursuant to OCGA § 9-6-21 (b), appellants sought mandamus to compel appellee-defendants to repair and maintain the road. Although mandamus was granted, appellees did not undertake the repairs and maintenance. Instead, they initiated procedures to abandon the road pursuant to OCGA § 32-7-2 (b) (1). Appellants then filed the instant action to enjoin appellees’ abandonment of the road and to compel appellees to undertake repairs and maintenance of the road in accordance with the original grant of mandamus.…