Cline v. McMullan

The majority opinion in this case is unwise and contrary to Art. I, Sec. III, Par. II of the 1983 Georgia Constitution, in that it allows the grant of a private way without just and adequate compensation being *325first paid. It is for this reason that I dissent.

In reaching its conclusion that the trial court’s order finding the private way reasonable, along with the assessors’ award, do not amount to a grant of a private way within the meaning of Art. I, Sec. III, Par. II of the Constitution, the majority fails to analyze the effect of the trial court’s order and the assessors’ award and fails…