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DEPARTMENT OF TRANSP. v. MEADOW TRACE, INC.

No. A04A1353.

617 S.E.2d 246 (2005)

274 Ga. App. 267

DEPARTMENT OF TRANSPORTATION v. MEADOW TRACE, INC. et al.

Court of Appeals of Georgia.

Certiorari Granted November 8, 2005.

Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, Hulsey, Oliver and Mahar, R. David Syfan, Thomas L. Fitzgerald, Gainesville, for appellant.

Stewart, Melvin & Frost, Frank Armstrong III, Gainesville, Alston & Bird, T. Michael Tennant, Kilpatrick Stockton, Tim Carssow, Ian Landgreen, Atlanta, for appellees.

RUFFIN, Chief Judge.

The Georgia Department of Transportation ("DOT") brought an action to condemn property which is owned by Meadow Trace, Inc. at the intersection of Highway 129/State Road 11 ("Highway 129") and Interstate 985 ("I-985") in Hall County. The DOT and Meadow Trace filed cross-motions for partial summary judgment on the issue of whether the condemned property has a right of access to Highway 129, which affects the value of Meadow Trace's property interest...

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