Burt v. Department of Transportation

Smith, Presiding Judge.

Hilliard Burt appeals from the grant of summary judgment to the defendant in the declaratory judgment action he brought against the Georgia Department of Transportation. Burt sought a declaration that the Department violated OCGA § 32-3-1 (c) (1) and that he had the right to repurchase land condemned by the Department in 1977 for a limited access highway and not used for that purpose.1 After the Department answered, cross-motions for summary judgment were filed, and the trial court granted that of the Department and denied that of Burt. In four enumerations of error,…