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WINDSOR v. CITY OF ATLANTA

No. S10A0102.

695 S.E.2d 576 (2010)

WINDSOR f/k/a Bank et al. v. CITY OF ATLANTA.

Supreme Court of Georgia.

May 17, 2010.

Attorney(s) appearing for the Case

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

Jackel & Phillips, Dana L. Jackel, Christopher L. Phillips, Marietta, for appellee.

NAHMIAS, Justice.

The trial court dismissed this condemnation case for lack of prosecution pursuant to OCGA § 9-2-60(b). The property owner, Judith B. Windsor, appeals, arguing that the general five-year rule in OCGA § 9-2-60(b) and the specific five-year rule for civil cases in OCGA § 9-11-41(e) are unconstitutional as applied to so-called "declaration of taking" condemnation cases. We disagree and affirm the dismissal of the case.

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