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CITY OF ATLANTA v. PETKAS

41174.

253 Ga. 447 (1984)

321 S.E.2d 725

CITY OF ATLANTA v. PETKAS.

Supreme Court of Georgia.

Rehearing Denied October 29, 1984.

Attorney(s) appearing for the Case

Marva Jones Brooks, Thomas A. Bowman, David D. Blum, Kutak, Rock & Huie, Charles N. Pursley, Jr., Joseph F. Page, for appellant.

Peek & Whaley, J. Corbett Peek, Jr., James Garland Peek, Meals & Parks, Robert N. Meals, Charles M. Kidd, Stanley E. Kreimer, Jr., for appellee.

CLARKE, Justice.

This appeal calls into question the right of the City of Atlanta to condemn an easement to construct an underground pedestrian tunnel to a Metropolitan Atlanta Rapid Transit Authority (MARTA) station. The trial court found the city and MARTA acted in bad faith and enjoined the exercise of the right of eminent domain. The condemnors appeal and we reverse.

This is the second condemnation action filed against appellees. Both actions originally...

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