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FOWLER v. CITY OF MARIETTA

No. A98A0480.

504 S.E.2d 726 (1998)

233 Ga. App. 622

FOWLER et al. v. CITY OF MARIETTA.

Court of Appeals of Georgia.

Reconsideration Denied July 29, 1998.

Attorney(s) appearing for the Case

Moore, Ingram, Johnson & Steele, John H. Moore, J. Kevin Moore, Marietta, for appellants.

Haynie & Litchfield, Douglas R. Haynie, Marietta, for appellee.

BLACKBURN, Judge.

On June 24, 1994, the City of Marietta petitioned to condemn certain parcels of land within its historic district for a road-widening project. The condemnation affected residential property owned by appellants Eileen Davis Fowler n/k/a Mrs. Albert Weir (Weir) and Julian and Nancy Edwards. The special master recommended that the condemnation cases be dismissed because the city had exercised its condemnation powers in bad faith, arbitrarily, capriciously...

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