Gwinnett County v. Howington

Miller, Judge.

Gwinnett County (the “County”) initiated condemnation proceedings to acquire two easements on a twenty-six acre tract of land owned by Grady Howington. A month later, the 26-acre tract was rezoned for commercial and high density residential use. A year after that, the Gwinnett County School District (the “School District”) condemned the entire 26-acre tract of land. When the County’s condemnation action thereafter went to trial, Howington moved in limine to exclude any evidence of the School District’s taking, arguing that the School District’s condemnation of the 26 acres was…