Brooks v. Department of Transportation

Smith, Justice.

Appellee, the State Department of Transportation, filed suit to condemn 1.873 acres of appellant’s land. Appellant counterclaimed for dismissal of the condemnation and for damages. Appellant later filed suit seeking prejudgment and postjudgment interest higher than the statutory rates. The trial court ruled in appellee’s favor on all counts. We find no error.

On January 3, 1983, appellee filed a declaration of taking covering appellant’s land for the purpose of widening Highway 78 in Gwinnett County. Appellant filed a counterclaim in equity to have a plat cancelled and to vacate…