Fox v. City of Cumming

MlKELL, Judge.

This is the second appearance of this case before this Court. In Fox v. City of Cumming {“Fox 7”) 1 we held that the newly-enacted Landowner’s Bill of Rights and Private Property Protection Act, OCGA § 22-1-11, applied to pending condemnation proceedings only. Thus, because the City of Cumming had not instituted condemnation proceedings when Deborah Fox filed suit under the statute to challenge the City’s assertion of its power of eminent domain to survey her property, we affirmed the trial court’s dismissal of Fox’s action against the City. 2 After receiving the remittitur, the…