Burnham v. State Highway Department

Frankum, Justice.

The State Highway Department of Georgia brought a proceeding to enjoin Wayne Murphy and Charlie M. Burnham from maintaining contrary to the provisions of the Junkyard Control Act (Ga. L. 1967, p. 433 et seq.) a junkyard within 1,000 feet of the nearest edge of the right of way of a certain federal-aid primary highway located in Colquitt County. Upon the interlocutory hearing it appeared without dispute that the defendant Murphy had sold his interest in the junkyard to the defendant Burnham and no longer had any interest therein. At the conclusion of the hearing the trial…