Legal Opinion

Shelkeith, Inc. v. Department of Transportation

Supreme Court of Georgia

Decided December 5, 1978No. 33974Published

1Opinion of the Court

Bowles, Justice.

We granted the writ of certiorari in this condemnation case to review the Court of Appeals’ opinion in Shelkeith, Inc. v. Dept. of Transportation, 146 Ga. App. 581 (246 SE2d 706) (1978), which held that under White v. Ga. Power Co., 237 Ga. 341 (227 SE2d 385) (1976), the factfinder’s refusal to award additional damages in a condemnation case is final and cannot be disturbed.

In light of our recent holding in DeKalb County v. *712Trustees &c. B. P. O. Elks, 242 Ga. 707 (1978) in which White, supra, was overruled, the issue raised by this appeal has become moot. Therefore, the writ…

2Cases cited3 opinions

  1. White v. Georgia Power Co.Supreme Court of Georgia · 1976
  2. DeKalb County v. Trustees, Decatur Lodge No. 1602Supreme Court of Georgia · 1978
  3. Department of Transportation v. Shelkeith, Inc.Court of Appeals of Georgia · 1978

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