Legal Opinion
Fox v. City of Cumming
Court of Appeals of Georgia
Decided February 28, 2008No. A08A0412PublishedCited by 2 opinions
1Opinion of the Court
BLACKBURN, Presiding Judge.
Following the dismissal of her action against the City of Cumming, Deborah Fox appeals, contending that the trial court erred in ruling that there was no justiciable controversy under OCGA § 22-1-11 (The Landowner’s Bill of Rights and Private Property Protection Act). Because the City has not initiated a condemnation proceeding against Fox, and because the issue presented on appeal arises only from the relief sought by Fox under OCGA § 22-1-11, which only applies when a condemnation proceeding has been filed, we affirm.
“On appeal, we conduct a de novo review of a…
2Cases cited4 opinions
- Sawnee Electric Membership Corp. v. Georgia Public Service CommissionSupreme Court of Georgia · 2001
- State v. C. S. B.Supreme Court of Georgia · 1982
- Hendry v. WellsCourt of Appeals of Georgia · 2007
- Cheeks v. MillerSupreme Court of Georgia · 1993
3Cited by2 opinions
- Fox v. City of CummingCourt of Appeals of Georgia · 2009
- Wright v. StateCourt of Appeals of Georgia · 2010