Ply-Marts, Inc. v. Marta

Webb, Judge.

This case originated as a condemnation action filed by DeKalb County to acquire property for MARTA. Following the award of the special master, Ply-Marts and MARTA appealed for a de novo jury trial, which ended in a mistrial in February, 1976. A second trial resulted in a *244jury verdict and judgment on June 18, 1976, from which MARTA filed a timely appeal to this court and which we affirmed. MARTA v. Ply-Marts, Inc., 144 Ga. App. 482 (1978).

On July 15, one day prior to the filing of MARTA’s appeal to the jury verdict, the Supreme Court entered its decision in White v. Ga. Power Co.,…