Department of Transp. v. Glenn
| Decision Date | 24 January 1979 |
| Docket Number | No. 34128,34128 |
| Citation | 252 S.E.2d 906,243 Ga. 21 |
| Parties | DEPARTMENT OF TRANSPORTATION v. GLENN et al. |
| Court | Georgia Supreme Court |
Arthur K. Bolton, Atty. Gen., G. Robert Oliver, Sp. Deputy Asst. Atty. Gen., for appellant.
Kutak, Rock & Huie, Charles N. Pursley, Jr., Atlanta, for appellees.
We granted certiorari in the present case to determine the following question: In a condemnation case in which the jury is unable to agree on whether the condemnee is entitled to recover the expenses of litigation, including attorney fees (see White v. Ga. Power Co., 237 Ga. 341, 227 S.E.2d 385 (1976)), is the trial court authorized to grant the condemnee's motion for judgment notwithstanding the mistrial? The Court of Appeals concluded that the trial court was so authorized, and the judgment awarding the condemnee litigation expenses and attorney fees was affirmed. Under DeKalb County v. Trustees, etc., Elks, 242 Ga. 707, 251 S.E.2d 243 (1978), which overrules White, we reverse.
Judgment reversed.
All the Justices concur, except NICHOLS, C. J., and HILL, J., who concur in the judgment only.
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Department of Transp. v. Kendricks
...243 Ga. 52, 252 S.E.2d 508 (1979), reving, 147 Ga.App. 316, 248 S.E.2d 689 (1978) (taking occurred June 11, 1973), and DOT v. Glenn, 243 Ga. 21, 252 S.E.2d 906 (1979), revd., 146 Ga.App. 819, 247 S.E.2d 520 (1978) (taking occurred on July 29, 1975). In Elks, on the other hand, which was a M......
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Department of Transp. v. Kendricks, 57188
...that the right to attorney fees as an element of just and adequate compensation is not a vested right. See, e.g., Dept. of Transp. v. Glenn, 243 Ga. 21, 252 S.E.2d 906; Dept. of Transp. v. Merritt, 243 Ga. 52, 252 S.E.2d 508. Perhaps it would be more expedient to implement the holdings of t......
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