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MARTA v. TRUSSELL

36853, 36854.

247 Ga. 148 (1981)

273 S.E.2d 859

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY et al. v. TRUSSELL et al. DEKALB COUNTY v. TRUSSELL et al.

Supreme Court of Georgia.

Rehearing Denied February 17, 1981.

Attorney(s) appearing for the Case

Kutak, Rock & Huie, Charles N. Pursley, Jr., Jo Lanier Meeks, Robert H. Walling, for appellants.

Harvey, Willard, Elliott & Olsen, Wendell K. Willard, Billy Olsen, for appellees.

UNDERCOFLER, Justice.

The DeKalb Superior Court granted an injunction against DeKalb County's quick taking condemnation on behalf of MARTA of a noise and vibration easement in the Sycamore Square condominiums on the grounds of misuse of power and lack of necessity and enjoined MARTA from running its trains over 18 miles per hour between the Decatur and Avondale stations on a nuisance basis. MARTA (Case No. 36853) and DeKalb...

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