Legal Opinion

Department of Transportation v. Franco's Pizza & Delicatessen, Inc.

Court of Appeals of Georgia

Decided July 15, 1991No. A91A0204, A91A0205PublishedCited by 23 opinions

1Opinion of the Court

Pope, Judge.

This is the fourth appearance of this case before this court. The condemnor/appellant the Department of Transportation (DOT) filed separate appeals from the judgment entered by the trial court on the jury verdict and from an order awarding attorney fees to the condemnee/appellee Franco’s Pizza & Delicatessen, Inc. (Franco’s). The cases have been consolidated for appellate review.

On December 18, Í980, DOT condemned Franco’s leasehold interest in property located at the corner of 1-85 and Peachtree Road in Atlanta, Georgia. The pretrial history of this case is recited sufficiently…

2Cases cited15 opinions

  1. Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
  2. Haggard v. Board of Regents of University SystemSupreme Court of Georgia · 1987
  3. Travelers Insurance v. ThorntonSupreme Court of Georgia · 1904
  4. Department of Transportation v. 2.734 Acres of LandCourt of Appeals of Georgia · 1983
  5. Department of Transportation v. McLaughlinCourt of Appeals of Georgia · 1982

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3Cited by23 opinions

  1. FAIRBURN BANKING COMPANY v. GaffordSupreme Court of Georgia · 1994
  2. White v. Fulton CountySupreme Court of Georgia · 1994
  3. Bankhead v. MossCourt of Appeals of Georgia · 1993
  4. Harkleroad v. StringerCourt of Appeals of Georgia · 1998
  5. McGahee v. RogersSupreme Court of Georgia · 2006

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