Fowler v. City of Marietta

I respectfully dissent because I find the evidence in the case sub judice supportive of the superior court’s subjective determination that the City did not act in “bad faith” in condemning the subject properties.

After the City filed exceptions to the special master’s recommendation, the superior court found that the City did not act in bad faith, arbitrarily, capriciously and beyond its powers in condemning the subject property. The superior court supported this ruling after determining that the City is not estopped to exercise its condemnation powers based on Stephen T. Boland’s unauthorized…