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GEORGIA DEPT. OF TRANSP. v. BOWLES

No. A08A0021.

666 S.E.2d 92 (2008)

GEORGIA DEPARTMENT OF TRANSPORTATION v. BOWLES et al.

Court of Appeals of Georgia.

Reconsideration Denied July 23, 2008.

Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, Smith, Shaw & Maddox, Virginia B. Harman, Rome, for appellant.

Chamberlain, Hrdlicka, White, Williams & Martin, Richard N. Hubert, Nicholas S. Papleacos, Atlanta, for appellees.

BARNES, Chief Judge.

The Georgia Department of Transportation ("DOT") appeals from the trial court's dismissal of its condemnation petition under OCGA § 32-3-4 against property owned by Lynn and Judy Bowles and Synovus Mortgage Corporation (collectively "the Bowles"). The court dismissed the petition because it found that DOT's failure to submit a properly attested affidavit1 with its petition was fatal.

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