Herren v. Board of Education

Duckworth, Chief Justice.

Despite the almost interminable criticisms throughout the intervention, we can and do place them in two classifications, to wit: (1) As taxpayers petitioners seek to prevent alleged expenditure of public funds to acquire by condemnation the land involved; and (2) As abutting landowners they seek to have enjoined anticipated use of the land after it is acquired. We deal with the case in the foregoing order.

As taxpayers the intervenors are entitled to prevent by injunction unlawful expenditure of public funds. Martin v. Fulton County, 213 Ga. 761 (101 SE2d 716); Timbs…