Legal Opinion · Dissent

Bowers v. Fulton County

Supreme Court of Georgia

Decided July 9, 1971No. 26035Published

1DissentHawes, Justice

In my opinion, the majority of the court, in rendering this decision, has overlooked the principle that "Protection to person and property is the paramount duty of government, and shall be impartial and complete” (Const., Art. I, Sec.

1, Par. II; Code Ann. § 2-102), and has this day unnecessarily gone out of its way. to perpetuate an injustice against condemnees, a result unwarranted by any Georgia case previously decided. The majority opinion recognizes, at least tacitly by its failure to cite any, that no previously decided Georgia case expressly holds that attorney’s fees and fees paid to…

2Cases cited5 opinions

  1. Bowers v. Fulton CountySupreme Court of Georgia · 1966
  2. Calhoun v. State Highway DepartmentSupreme Court of Georgia · 1967
  3. Hooper v. AlmandSupreme Court of Georgia · 1943
  4. Etowah Heading Co. v. AndersonCourt of Appeals of Georgia · 1946
  5. Bowers v. Fulton CountySupreme Court of Georgia · 1969

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