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HABERSHAM DOWNS v. DEPT. OF TRANSP.

A93A2112.

212 Ga. App. 686 (1994)

442 S.E.2d 868

HABERSHAM DOWNS HOMEOWNERS' ASSOCIATION, INC. v. DEPARTMENT OF TRANSPORTATION.

Court of Appeals of Georgia.

Reconsideration Denied March 31, 1994.

Attorney(s) appearing for the Case

Chamberlain, Hrdlicka, White, Williams & Martin, Richard N. Hubert, David P. Thatcher, for appellant.

Michael J. Bowers, Attorney General, Howell & Whiting, James S. S. Howell, for appellee.

SMITH, Judge.

In this condemnation case involving the widening of State Route 92 in north Fulton County, Habersham Downs Homeowners' Association filed a petition to set aside, annul, vacate, and dismiss the Department of Transportation's declaration of taking. See OCGA § 32-3-11 (c). The trial court denied the petition, and this appeal followed.

The record reveals that Habersham Downs is a subdivision consisting...

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