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PEPPERS v. ELDER

37597.

248 Ga. 136 (1981)

281 S.E.2d 582

PEPPERS v. ELDER et al.

Supreme Court of Georgia.

Decided September 9, 1981.

Attorney(s) appearing for the Case

William D. Healan, Jr., for appellant.

John E. Stell, Richard B. Russell III, N. David Wages, for appellees.

JORDAN, Chief Justice.

The appeal is from the sustaining of a motion to dismiss.

Barrow County closed County Road Number 79 at the request of all of the adjacent landowners. The County then quitclaimed the former county roadway to the adjacent property owners. When the adjacent owners caused a ditch to be dug across the roadway, Jackson L. Peppers, in his capacity as a citizen-taxpayer of Barrow County, filed the present equity and mandamus action against...

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