Phh Investments v. Department of Transportation

Doyle, Judge.

*462 In this condemnation action, condemnees PHH Investments, Inc., and Zenith Investments, Inc., (collectively "Defendants") appeal from the grant of partial summary judgment to petitioner Georgia Department of Transportation ("DOT") precluding an award of certain consequential damages to the Defendant's contiguous tract of property arising from the alleged taking of the Defendants' easement across adjoining condemned property. The Defendants argue that the trial court erred by ruling that they cannot recover, as part of DOT's condemnation action, the diminution in value of their…