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DEPT. OF TRANSP. v. WALLACE ENTERPRISES

No. A98A1776.

505 S.E.2d 549 (1998)

234 Ga. App. 1

DEPARTMENT OF TRANSPORTATION v. WALLACE ENTERPRISES.

Court of Appeals of Georgia.

Certiorari Denied January 8, 1999.

Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, Cathy A. Cox-Brakefield, Assistant District Attorney, Dwyer, White & Sapp, William W. White, Anne W. Sapp, Atlanta, for appellant.

Holt, Ney, Zatcoff & Wasserman, Joseph S. Jacobson, Jay F. Castle, Atlanta, for appellee.

ELDRIDGE, Judge.

Wallace Enterprises ("Wallace") owns and operates a gasoline convenience store and car wash at the intersection of Maddox Street (State Highway 120) and Old Norcross Road in Alpharetta, Fulton County, Georgia. The property consists of .921 acre of improved land containing a gasoline convenience store, car wash, and parking area.

On September 19, 1995, the Department of Transportation ("DOT") brought a quick-take condemnation procedure against...

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