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FORSYTH COUNTY v. MARTIN

Nos. S04A2031, S04X2032.

610 S.E.2d 512 (2005)

279 Ga. 215

FORSYTH COUNTY, et al. v. MARTIN, et al. Martin, et al. v. Forsyth County, et al.

Supreme Court of Georgia.

Reconsideration Denied April 14, 2005.

Attorney(s) appearing for the Case

Terry E. Williams, & Associates, Terry E. Williams, Jason C. Waymire, Lawrenceville, Banks, Stubbs, Neville & Cunat, John R. Neville, Cumming, for appellants.

Miles, McGoff & Moore, Dana B. Miles, Larry A. Pankey, Kevin J. McDonough, Lynwood D. Jordan, Jr., Cumming, for appellees.

BENHAM, Justice.

This case revolves around the legal effect of the property interests of lakefront property owners on the decision whether to breach or to repair the earthen dam that impounds the lake, as ordered by the Environmental Protection Division of the Georgia Department of Natural Resources, acting pursuant to the Georgia Safe Dams Act, OCGA § 12-5-370 et seq. Forsyth County appeals the judgment entered against it in a lawsuit brought by the lakefront...

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