SMITH, Presiding Judge.
Hilliard Burt appeals from the grant of summary judgment to the defendant in the declaratory judgment action he brought against the Georgia Department of Transportation. Burt sought a declaration that the Department violated OCGA § 32-3-1(c)(1) and that he had the right to repurchase land condemned by the Department in 1977 for a limited access highway and not used for that purpose.
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