Cherokee County v. McBride

Hunt, Justice.

This appeal concerns a dispute between the county and owners of property abutting a deteriorated road regarding the county’s duty to repair and maintain the road. The trial court granted the property owners’ motion for partial summary judgment, finding the road was a public one, and ordered the county to repair it. Additionally, the trial court enjoined the county from abandoning the road without first compensating the property owners.

The trial court correctly held that the road is public, and properly compelled the county to repair and maintain it. OCGA § 9-6-21 (b). However,…