Department of Transportation v. Merritt
| Decision Date | 30 January 1979 |
| Docket Number | No. 34334,34334 |
| Citation | 243 Ga. 52,252 S.E.2d 508 |
| Parties | DEPARTMENT OF TRANSPORTATION v. MERRITT et al. |
| Court | Georgia Supreme Court |
Certiorari to the Court of Appeals of Georgia 147 Ga.App. 316, 248 S.E.2d 689 (1978).
Arthur K. Bolton, Atty. Gen., William C. Joy, Asst. Atty. Gen., for appellant.
The writ of certiorari was granted by this court on November 8, 1978, to review Division 4 of the Court of Appeals' opinion which upheld the trial court's award of attorney fees to the condemnee. DeKalb County v. Trustees, etc., B. P. O. Elks, 242 Ga. 707, 251 S.E.2d 243 (1978) now controls, and would require a reversal of the award of attorney fees.
Judgment reversed.
All the Justices concur, except NICHOLS, C. J., and HILL, J., who concur in the judgment only.
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15 cases
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Bill Ledford Motors, Inc. v. Department of Transp.
...484 S.E.2d 510 ... 225 Ga.App. 548, 97 FCDR 1164 ... BILL LEDFORD MOTORS, INC ... DEPARTMENT OF TRANSPORTATION ... No. A97A0372 ... Court of Appeals of Georgia ... March 5, 1997 ... Reconsideration Denied March 18, 1997 ... Certiorari Denied Oct. 31, ... Merritt v. Dept. of Transp., 147 Ga.App. 316, 248 S.E.2d 689 (1978), rev'd on other grounds, 243 Ga. 52, 252 S.E.2d 508 (1979); Dept. of Transp. v. Knight, ... ...
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Department of Transp. v. Lewyn, s. 66690
...as of the time of the taking. See Merritt v. Dept. of Transp., 147 Ga.App. 316, 318, 248 S.E.2d 689, reversed on other grounds, 243 Ga. 52, 252 S.E.2d 508; Sutton v. State Hwy. Dept., 103 Ga.App. 29, 30(4), 118 S.E.2d While it is certainly an accurate statement of law that an unaccepted off......
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Continental Corp. v. Department of Transp., s. 68741
...against consequential damages. Merritt v. Dept. of Transp., 147 Ga.App. 316, 317(1), 248 S.E.2d 689, reversed on other grounds, 243 Ga. 52, 252 S.E.2d 508. However, where, as in the case sub judice, there was no evidence from which the jury could have formed a reasonable estimate of the amo......
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Clary v. City of Stockbridge
...to the unaccepted offer as a basis for an opinion as to value is admissible," citing to Merritt v. Dept. of Transp.12 Our opinion in Merritt states that "[a]lthough unaccepted offers to purchase do not in and of themselves constitute evidence of market value, the general rule is that they a......
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