Department of Transportation v. Fina Oil & Chemical Co.

Carley, Chief Judge.

Acting pursuant to OCGA § 32-3-1 et seq., appellant-condemnor initiated condemnation proceedings and deposited, into the registry of the court, the sum of money estimated “to be just compensation for the land taken, including consequential damages to land not taken. . . .” OCGA § 32-3-6 (b) (5). Appellee-condemnee filed, with the superior court, a notice of appeal as provided by OCGA § 32-3-14. Thereafter, appellee, citing OCGA § 9-11-13 (e), sought permission from the trial court to file a counterclaim against appellant. In this proposed counterclaim, it was alleged that…