Dennis v. City of Palmetto

Bell, Chief Judge.

The plaintiff sued the city for damages to his property caused by the erection of a water tank located near his property. The plaintiff admits that prior to the institution of this suit he did not give the defendant the ante litem notice required by Code Ann. § 69-308. However, he contends that his bringing a prior suit for a permanent injunction against the city to prevent the construction of the water tower constitutes substantial compliance with the Code and serves as the ante litem notice for this case. In this connection see Dennis v. City of Palmetto, 226 Ga. 853 (178…