City of Macon v. Mabry

McMurray, Judge.

This condemnation case was appealed to a jury. After the jury returned its verdict as to the value of the property taken, evidence was presented on the issue of whether attorney fees should be granted. The jury then retired a second time to consider this issue and returned a verdict that court costs and attorney fees be paid to condemnee. The trial court set the amount of attorney fees to be paid.

The condemnor appeals complaining of the bifurcated procedure utilized and of the trial court’s following a procedure promulgated by a Supreme Court decision so recent it had not yet…