Back v. City of Warner Robins

Pope, Presiding Judge.

The City of Warner Robins filed declarations of taking to secure the condemnees’ property for a roadway construction project. See OCGA § 32-3-4 et seq. The condemnees appeal the trial court’s denial of their petition to set aside, vacate and annul the declarations of taking pursuant to OCGA § 32-3-11, arguing that (1) the City was not entitled to utilize the procedure set forth in OCGA § 32-3-4 under the circumstances of this case, and (2) the City abused its discretion in failing to consider alternative roadway plans which would have been less burdensome for taxpayers…