Fulton County v. Elliott

Pannell, Judge.

Plaintiff in error brought condemnation proceedings against the defendant in error to condemn for highway purposes 3.48 acres of a total tract of 6.28 acres. The time of taking was stipulated as August 20, 1962. The entire tract was zoned R 2 Residential. The jury, on the appeal from the special master’s award, returned a verdict in the amount of $25,000. The case is now before this court on the assignments of error on the overruling of plaintiff in error’s motion for new trial. Only the special grounds are insisted upon.

Ground 3 of the amendment to the motion for new trial…