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DEPARTMENT OF TRANSP. v. WHITFIELD

No. A98A0878.

505 S.E.2d 247 (1998)

233 Ga. App. 747

DEPARTMENT OF TRANSPORTATION v. WHITFIELD et al.

Court of Appeals of Georgia.

July 31, 1998.

Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, Cathy A. Cox-Brakefield, Assistant Attorney General, Dwyer, White & Sapp, Atlanta, Ronald R. Womack, LaFayette, for appellant.

Coppedge, Leman & Ward, Warren N. Coppedge, Jr., Dalton, for appellees.

McMURRAY, Presiding Judge.

Proceeding under OCGA § 32-3-4, the condemnor-appellant Department of Transportation ("DOT") filed a declaration of taking to acquire "fee simple title to a right of way ..." consisting of 0.082 acres of land, to "widen and reconstruct State Route 1 from the end of existing 5 lanes to Chichamauga [sic] Park Bypass...." Named as owners were condemnee-appellees Stanley A. Whitfield and Fina Oil & Chemical Company ("Fina"), as well...

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