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DEPARTMENT OF TRANSPORTATION v. HOWARD

35685.

245 Ga. 96 (1980)

263 S.E.2d 135

DEPARTMENT OF TRANSPORTATION v. HOWARD.

Supreme Court of Georgia.

Decided January 8, 1980.

Rehearing Denied January 24, 1980.

Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Michael E. Hobbs, Assistant Attorney General, Charles M. Richards, Staff Assistant Attorney General, for appellant.

Spence, Garrett & Spence, D. William Garrett, for appellee.

MARSHALL, Justice.

In this case, the Department of Transportation brought suit against Norris Howard to enjoin his alleged encroachment upon the department's right-of-way of U. S. Highway 19 (State Route 9).

Howard operates a business adjacent to the highway. He constructed a storage shed lying approximately 28 feet from the centerline of the highway, and there is a fence on the property running parallel to the highway at a distance of approximately 28 feet...

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