Department of Transportation v. Meadow Trace, Inc.

I concur fully in the majority’s affirmance of the judgment of the Court of Appeals. I write separately only to clarify that today’s opinion should not be read as authority for the proposition that a metes and bounds description will invariably control over an incorporated plat. As recognized in 2 Hinkel, Pindar’s Georgia Real Estate Law and Procedure, § 19-160, p. 460 (6th ed. 2004), “an analysis of Georgia cases reveals a definite tendency to accept the first description over the second.” Thus, there is authority for the proposition that an initial description which takes the form of an…