Legal Opinion

City of Atlanta v. Yusen Air & Sea Service Holdings, Inc.

Court of Appeals of Georgia

Decided September 5, 2003No. A03A1230PublishedCited by 6 opinions

1Opinion of the Court

Ruffin, Presiding Judge.

Citing OCGA § 32-3-1 et seq., the City of Atlanta (“the City”) petitioned to condemn property owned by Yusen Air & Sea Service Holdings, Inc. and occupied by Yusen Air & Sea Service (USA), Inc. (collectively, ‘Yusen”). The trial court granted the petition and condemned the property. Yusen subsequently moved to set aside the taking under OCGA § 32-3-11. The trial court granted Yusen’s motion, and the City appeals. For reasons that follow, we affirm.

1. A trial court may set aside, vacate, or annul a declaration of taking under OCGA § 32-3-11 “in the following situations…

2Cases cited7 opinions

  1. Precise v. City of RossvilleSupreme Court of Georgia · 1991
  2. Department of Transportation v. City of AtlantaSupreme Court of Georgia · 1985
  3. Dorsey v. Department of TransportationSupreme Court of Georgia · 1981
  4. Allen v. Hall CountyCourt of Appeals of Georgia · 1980
  5. Habersham Downs Homeowners' Ass'n v. Department of TransportationCourt of Appeals of Georgia · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Metzger v. Americredit Financial Services, Inc.Court of Appeals of Georgia · 2005
  2. Antoskow & Associates, LLC v. GregoryCourt of Appeals of Georgia · 2005
  3. Georgia 400 Industrial Park, Inc. v. Department of TransportationCourt of Appeals of Georgia · 2005
  4. Fincher Road Investments, Lllp v. City of CantonCourt of Appeals of Georgia · 2015
  5. Edgewater Hall Enterprises, LLC v. City of CantonCourt of Appeals of Georgia · 2022

1 more not listed; retrieve them via the Exa API.

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