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Lawskills.com Georgia Caselaw
RIVIERA ASSOCIATES et al. v. DEPARTMENT OF TRANSPORTATION.
69300.
BENHAM, Judge.
Condemnation. Fulton Superior Court. Before Judge Daniel.
This case is controlled by this court's decisions in Fountain v. DeKalb County, 154 Ga. App. 302 (1) (267 SE2d 903) (1980); and Dept. of Transp. v. Simon, 151 Ga. App. 807 (1) (261 SE2d 710) (1979), affd. sub nom., Simon v. Dept. of Transp., 245 Ga. 478 (265 SE2d 777) (1980). In Simon, the Supreme Court expressly rejected the "effect of the project" argument advanced by appellants and went on to agree with this court that damages resulting from some part of the project other than the taking of the condemnee's property, "if compensable, must be sought in a separate action against the condemnor." Id. at 480.
Accordingly, we hold that the trial court was correct in granting partial summary judgment to appellee/condemnor on the issue of damages attributable not directly to the taking of appellants' property, but to other parts of the same project.
J. Matthew Dwyer, Jr., Special Assistant Attorney General, Edward S. Sams, Robert C. Glustrom, for appellee.
Frank Love, Jr., for appellants.
DECIDED MARCH 6, 1985 -- REHEARING DENIED MARCH 20, 1985 -- CERT. APPLIED FOR.
Thursday May 21 17:05 EDT


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