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ADKINS v. COBB COUNTY

No. S12A0848.

731 S.E.2d 665 (2012)

291 Ga. 521

ADKINS et al. v. COBB COUNTY.

Supreme Court of Georgia.

September 10, 2012.

Attorney(s) appearing for the Case

Russell L. Adkins, Jr., Adkins & Associates, Marietta, for appellant.

Dana Lewis Jackel, Christopher Lee Phillips, Jackel & Phillips, P.C., Marietta, for appellee.

Mary Josephine Leddy Volkert, Asst. Atty. Gen., Denise E. Whiting-Pack, Sr. Asst. Atty. Gen., Samuel S. Olens, Atty. Gen., Department of Law, for amicus appellee.

THOMPSON, Presiding Justice.

We granted an application for interlocutory appeal in this condemnation case to determine whether application of OCGA § 32-3-11(c)1 to bar appellants' motion to set aside or vacate a declaration of taking violates their due process rights and to consider whether that statute imposed upon appellants a responsibility to obtain a timely hearing on their motion. We conclude the statute as properly applied...

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