Concept Capital Corp. v. DeKalb County

Weltner, Justice.

DeKalb County, acting on behalf of the Metropolitan Atlanta Rapid Transit Authority (MARTA), sought to condemn in fee simple two parcels of land for construction of a ground level automobile parking lot at MARTA’s Brookhaven Station. The condemnees, Brookhaven and Concept, sought by injunction to reserve air rights over the parking lot for construction of high-rise residential buildings. The respective special masters appointed by the superior court in the two condemnation proceedings filed conclusions of law against Brook-haven, but in favor of Concept. They both agreed,…