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FOX v. CITY OF CUMMING

No. A08A0412.

658 S.E.2d 408 (2008)

FOX v. CITY OF CUMMING.

Court of Appeals of Georgia.

February 28, 2008.

Attorney(s) appearing for the Case

Robert P. McFarland, Cumming, for Appellant.

Dana B. Miles, Atlanta, and Kevin James Tallant, Cumming, for Appellee.

BLACKBURN, Presiding Judge.

Following the dismissal of her action against the City of Cumming, Deborah Fox appeals, contending that the trial court erred in ruling that there was no justiciable controversy under OCGA § 22-1-11 (The Landowner's Bill of Rights and Private Property Protection Act). Because the City has not initiated a condemnation proceeding against Fox, and because the issue presented on appeal arises only from the relief sought by Fox under OCGA...

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