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DORSEY v. DEPT. OF TRANSPORTATION

37541.

248 Ga. 34 (1981)

279 S.E.2d 707

DORSEY et al. v. DEPARTMENT OF TRANSPORTATION.

Supreme Court of Georgia.

Rehearing Denied July 24, 1981.

Attorney(s) appearing for the Case

Mitchell, Clarke, Pate, Anderson & Wimberly, Paul H. Anderson, for appellants.

Parks, Jackson & Howell, Lenwood A. Jackson, for appellee.

CLARKE, Justice.

This is an appeal by the condemnees from the denial of an injunction against the Georgia Department of Transportation (hereinafter DOT) as condemnor of certain parcels of land owned by the condemnees. On April 30, 1980, the DOT filed a declaration of taking for transportation purposes pursuant to Code Ann. § 95A-605, seeking to condemn one parcel of condemnees' land in fee simple and to obtain a "temporary construction easement" on an adjoining...

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