Department of Transportation v. Land

Smith, Justice.

This case is before us by grant of the writ of certiorari from the Court of Appeals. The question is whether or not the Court of Appeals was correct in its interpretation and application of OCGA § 32-2-6. The opinion of the Court of Appeals as set out in Dept. of Transp. v. Land, 181 Ga. App. 94 (351 SE2d 470) (1986), correctly states the law of Georgia on this subject and we adopt and affirm the judgment subject to the following three paragraphs.

If the allegations contained in the petition are found to be true, i.e., that the Department of Transportation (DOT) and Whitfield…