Legal Opinion
Windsor v. City of Atlanta
Supreme Court of Georgia
Decided May 17, 2010No. S10A0102PublishedCited by 14 opinions
1Opinion of the Court
NAHMIAS, Justice.
The trial court dismissed this condemnation case for lack of prosecution pursuant to OCGA § 9-2-60 (b). The property owner, Judith B. Windsor, appeals, arguing that the general five-year rule in OCGA § 9-2-60 (b) and the specific five-year rule for civil cases in OCGA § 9-11-41 (e) are unconstitutional as applied to so-called “declaration of taking” condemnation cases. We disagree and affirm the dismissal of the case.
1. In the mid-1990s, the City of Atlanta was under a federal mandate to address serious deficiencies in its sewage and wastewater conveyance and treatment…
2Cases cited5 opinions
- Zepp v. BrannenSupreme Court of Georgia · 2008
- Walker v. HaleSupreme Court of Georgia · 2008
- Department of Transportation v. Tillett Bros. Construction Co.Supreme Court of Georgia · 1994
- Kachwalla v. ByrneCourt of Appeals of Georgia · 1991
- Adams v. Cobb CountySupreme Court of Georgia · 1988
3Cited by14 opinions
- Dillard Land Investments, LLC v. Fulton CountySupreme Court of Georgia · 2014
- Shiv Aban, Inc. v. Georgia Department of TransportationCourt of Appeals of Georgia · 2016
- MILLER Et Al. v. LOMAX Et Al.Court of Appeals of Georgia · 2015
- Montgomery v. MorrisCourt of Appeals of Georgia · 2013
- Willis v. COLUMBUS MEDICAL CENTER, INC.Court of Appeals of Georgia · 2010
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