Arnold v. Selected Sites, Inc.

Undercofler, Justice.

The appellant filed a suit in the Superior Court of Fulton County seeking to have a private way of necessity established for his use over the adjoining property of the defendant as provided by Georgia Laws 1967, p. 143 (Code Ann. §§ 83-101 through 83-106.2). The trial court sustained a motion to dismiss the complaint and held that the 1967 statute is unconstitutional. The appeal is from this judgment. Held:

*469Code Ann. § 83-106.1 provides: "Any party may, with respect to the judgment of the court in such case, have all remedies provided by law, including motion for new…