Legal Opinion
McGhee v. Floyd County
Court of Appeals of Georgia
Decided February 25, 1957No. 36355PublishedCited by 8 opinions
1Opinion of the CourtTownsend, J.
In an action by the owner of a leasehold interest in lands seeking recompense for the taking of private property for public purposes, it is not necessary for the plaintiff to attach to his petition a copy of the lease agreement. Housing Authority v. Savannah Iron & Wire Works, 90 Ga. App. 150 (2a), 161 (82 S. E. 2d 244). The trial court erroneously sustained ground 2 of the demurrer.
The correct measure of damages for the loss of use of leased property is the diminution in the market value of the leasehold during the remainder of the unexpired term of the lease, less any rents to be paid by…
2Cases cited12 opinions
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Lee County v. Mayor of SmithvilleSupreme Court of Georgia · 1922
- Wardlaw v. Executive Committee of the Baptist ConventionCourt of Appeals of Georgia · 1933
- Farmers Mutual Fire Insurance v. PollockCourt of Appeals of Georgia · 1936
- Griffeth v. WilmoreCourt of Appeals of Georgia · 1932
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ammons v. Central of Georgia Railway Co.Supreme Court of Georgia · 1960
- Metropolitan Atlanta Rapid Transit Authority v. FunkSupreme Court of Georgia · 1993
- Department of Transportation v. LewynCourt of Appeals of Georgia · 1983
- Davis Co. v. Department of TransportationCourt of Appeals of Georgia · 2003
- Ellis v. Department of TransportationCourt of Appeals of Georgia · 1985
3 more not listed; retrieve them via the Exa API.