White v. Fulton County

Blackburn, Judge.

In White v. Fulton County, 264 Ga. 393 (444 SE2d 734) (1994) the Supreme Court vacated this court’s decision in Fulton County v. Dangerfield, 209 Ga. App. 298 (433 SE2d 335) (1993). In overruling Dangerfield, the Supreme Court held that Dept. of Transp. v. Olshan, 237 Ga. 213 (227 SE2d 349) (1976) did not require the conclusion we reached. In Dept. of Transp. v. Franco’s Pizza &c., 200 Ga. App. 723 (409 SE2d 281) (1991) and Dept. of Transp. v. McLaughlin, *170163 Ga. App. 1 (292 SE2d 435) (1982), the same issues were presented and resolved by this court as in Dangerfield,…