Metropolitan Atlanta Rapid Transit Authority v. Leibowitz

Birdsong, Presiding Judge.

After this court, sitting as a body, divided equally on the disposition of this case, the appeal was transferred to the Supreme Court in accordance with Art. VI, Sec. V, Par. V of our Constitution of 1983. Our Supreme Court, having resolved the issue of the scope of appellate review on which this court was divided equally, has now returned the appeal to this court for disposition of the remaining enumerations of error. MARTA v. Leibowitz, 264 Ga. 486, 487 (2) (448 SE2d 435).

The Metropolitan Atlanta Rapid Transit Authority and Fulton County (collectively MARTA) appeal…