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Lawskills.com Georgia Caselaw
STATE HIGHWAY DEPARTMENT et al. v. HOOKS.
20292.
DUCKWORTH, Chief Justice.
Injunction. Emanuel Superior Court. Before Judge Humphrey. October 18, 1958.
The petition of V. H. Hooks against the State Highway Department of Georgia, Emanuel County, Jerome Waller, W. L. Wilkes, and R. G. Foster & Company, alleges that the petitioner is the owner of certain described land; that the defendants have notified him of their intention to construct a highway thereon; and that, without having condemned his land or paid him for damages resulting therefrom, they have proceeded with the proposed construction, which will constitute a continuing trespass and the taking of petitioner's property for public use without due process and adequate compensation; and he prays that they be enjoined from trespassing on his property as alleged. The petition alleges a cause of action and the court did not err in overruling the general demurrers of the defendants.
Rountree & Rountree, contra.
Eugene Cook, Attorney-General, Paul Miller, E. J. Summerour, Lamar Murdaugh, Assistant Attorneys-General, Ariel V. Conlin, John E. Hogg, Deputy Assistant Attorneys-General, Price, Spivey & Carlton, for plaintiffs in error.
SUBMITTED JANUARY 12, 1959 -- DECIDED FEBRUARY 6, 1959 -- REHEARING DENIED MARCH 6, 1959.
Saturday May 23 00:30 EDT


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