Legal Opinion

City of Atlanta v. Petkas

Supreme Court of Georgia

Decided October 17, 1984No. 41174PublishedCited by 12 opinions

1Opinion of the Court

Clarke, Justice.

This appeal calls into question the right of the City of Atlanta to condemn an easement to construct an underground pedestrian tunnel to a Metropolitan Atlanta Rapid Transit Authority (MARTA) station. The trial court found the city and MARTA acted in bad faith and enjoined the exercise of the right of eminent domain. The condemnors appeal and we reverse.

This is the second condemnation action filed against appellees. Both actions originally sought to condemn the property involved here. In the first proceeding the right-of-way for the tunnel was included with other lands of the…

2Cases cited3 opinions

  1. Earth Management, Inc. v. Heard CountySupreme Court of Georgia · 1981
  2. City of Atlanta v. Heirs of ChampionSupreme Court of Georgia · 1979
  3. City of Atlanta v. First National Bank of AtlantaSupreme Court of Georgia · 1980

3Cited by12 opinions

  1. Concept Capital Corp. v. DeKalb CountySupreme Court of Georgia · 1986
  2. Garden Hills Civic Ass'n v. Metropolitan Atlanta Rapid Transit AuthoritySupreme Court of Georgia · 2000
  3. Carroll County v. City of BremenSupreme Court of Georgia · 1986
  4. Brannen v. Bulloch CountyCourt of Appeals of Georgia · 1989
  5. Braley v. City of Forest ParkSupreme Court of Georgia · 2010

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