State Highway Department v. Haynie

Gardner, Presiding Judge.

This case involves practically the same facts and the same principles of law as are shown in Woodside v. City of Atlanta, 214 Ga. 75 (103 S. E. 2d 108) and State Highway Dept. v. Blalock, 98 Ga. App. 630 (106 S. E. 2d 552). It follows that the decisions rendered in those cases are controlling in -the instant case.

However, it will be noted that in the instant case, as in the Blalock case, the condemnee also dismissed the case. Under the authority of the Blalock case, this court is required, under the principles of stare decisis, to hold that in this proceeding the…