Morningside-Lenox Park Ass'n v. State Highway Department

Almand, Presiding Justice.

In this case we review the trial court’s order sustaining the defendant’s general demurrers to the plaintiffs’ petition.

The main and controlling question in this case is whether the allegations in the plaintiffs’ petition as amended are sufficient to show that the defendant, State Highway Department, abused its discretion in selecting Route “B” for Highway 1-485.

The Morningside-Lenox Park Association, Inc., and several other individuals brought a suit against the State Highway Department of Georgia seeking certain declaratory relief and an injunction to enjoin the…