Department of Transportation v. Defoor

The majority opinion, as did the court below, has concluded that the interests of justice and judicial economy will be served by consolidation of the two condemnation proceedings. Because I believe such consolidation, even though it promotes judicial economy, still requires the consent of all the parties, I must respectfully dissent.

“Though the law generally favors the prevention of a multiplicity of actions, it appears that condemnation law in Georgia rather strictly limits the relevant evidence in condemnation cases and therefore separate suits for different kinds of damages are not…