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MARIST SOCIETY v. CITY OF ATLANTA

19048.

212 Ga. 115 (1955)

90 S.E.2d 564

MARIST SOCIETY OF GEORGIA et al. v. CITY OF ATLANTA et al.

Supreme Court of Georgia.

Decided November 29, 1955.

Rehearing Denied December 15, 1955.

Attorney(s) appearing for the Case

Merrell Collier, Henry L. deGive, Allen Post, for plaintiff in error.

B. D. Murphy, J. Winston Huff, Powell, Goldstein, Frazer & Murphy, Newell Edenfield, J. C. Savage, J. C. Murphy, Henry L. Bowden, Martin McFarland, J. M. B. Bloodworth, contra.

HEAD, Justice.

1. The contention that the City of Atlanta has not been granted legislative authority to condemn property for a State highway is based upon statutes enacted, and decisions of this court, prior to the act approved March 7, 1955 (Ga. L. 1955, pp. 559-564). Section 3 of the act of 1955 provides that any municipality in this State, in co-operation with any Federal, State, or local agency, is authorized to plan, designate, and establish limited access highways...

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