Simmons v. Department of Transportation

Because I believe the superior court was correct in concluding, as argued by the Department of Transportation, that the use of Simmons’ property for a trucking business was a nonconforming usé under the zoning ordinance, thereby restricting his recovery for condemnation of a portion of that property to fair market value based upon residential/agricultural use, I must respectfully dissent.

The primary issue in a condemnation case is “[t]he fair market value of the property or interest taken or other evidence of just and adequate compensation.” OCGA § 32-3-16. The factors to be used in making…