Whittlesey, LLC v. Department of Transportation

Court of Appeals of the State of Georgia April 24, 2012 ATLANTA,_________________ The Court of Appeals hereby passes the following order: A12A1439. WHITTLESEY, LLC v. DEPARTMENT OF TRANSPORTATION. The Department of Transportation filed a condemnation petition, which Whittlesey, LLC moved to set aside under OCGA § 32-3-11. The trial court denied the motion, and Whittlesey filed this direct appeal. 1 However, “the pendency of the valuation issue in the superior court precludes an appellate court from having jurisdiction over the appeal of the nonvaluation ruling unless the interlocutory appeal…