Robinson v. Department of Transportation

McMurray, Presiding Judge.

Following the decision of this court in Robinson v. Dept. of Transp., 185 Ga. App. 597 (364 SE2d 884), plaintiffs Robinson and Glover filed this action seeking compensation for the alleged taking and interference with certain burial easements by defendant Georgia Department of Transportation. Plaintiffs’ purported “renewal action” is predicated on alternative theories of inverse condemnation and trespass. Plaintiffs appeal the grant of defendant’s motion for summary judgment. Held:

While plaintiffs allege that defendant’s ongoing use of the burial easements is a…