State Highway Department v. MacDonald

Mobley, Justice.

The thirteen plaintiffs, all of whom are engaged in the granite business, either as producers or haulers, filed their petition, as amended, in four counts against the defendants, Elbert County, the State Highway Department of Georgia, and Knox-Rivers Construction Company. Counts I and II are identical except that the basis for the relief sought is not the same, in count I it being that Elbert County is in the process of closing a public road, which leads to petitioners’ property, and their action is ultra vires and contrary to law because they have not complied with the…