From Casetext: Smarter Legal Research

Coffey Enterprises Realty Dev. Co. v. Dep't of Transp

Supreme Court of Georgia
Sep 9, 1981
281 S.E.2d 611 (Ga. 1981)

Opinion

37571.

DECIDED SEPTEMBER 9, 1981. REHEARING DENIED SEPTEMBER 29, 1981.

Injunction. Cherokee Superior Court. Before Judge Burtz, Senior Judge.

C. E. Thompson, for appellants.

Elliott R. Baker, for appellee.


The Department of Transportation condemned a tract of land in Cherokee County. Condemnees owned a mobile home trailer park located adjacent to the condemned tract. Sewer, septic and utility lines which serviced the park crossed the condemned tract. The Superior Court entered an order November 5, 1980 allowing condemnees 90 days before possession had to be surrendered to the department. The 90-day period was allowed in order that condemnees might make other provisions for services which would be interrupted when the lines would be destroyed by construction.

On April 3, 1981 the trial court entered a temporary restraining order requiring condemnees and others to permit entry on the mobile home park premises for the purpose of giving notice to tenants of the beginning of construction on April 15, 1981, and consequent disruption of sewer, septic and utility lines.

This appeal was taken from the April 3, 1981 temporary restraining order complaining of lack of jurisdiction and other errors. A temporary restraining order expires by operation of law a maximum of 30 days after entry. Code Ann. § 81A-165 (2) (b); Moody v. State, 237 Ga. 775 ( 229 S.E.2d 619) (1976); Mar-Pak Michigan, Inc. v. Pointer, 226 Ga. 189 ( 173 S.E.2d 206) (1970). Accordingly, the issue is moot.

Appeal dismissed. Jordan, C. J., Hill, P. J., Marshall, Clarke and Smith, JJ., concur.

DECIDED SEPTEMBER 9, 1981 — REHEARING DENIED SEPTEMBER 29, 1981.


Summaries of

Coffey Enterprises Realty Dev. Co. v. Dep't of Transp

Supreme Court of Georgia
Sep 9, 1981
281 S.E.2d 611 (Ga. 1981)
Case details for

Coffey Enterprises Realty Dev. Co. v. Dep't of Transp

Case Details

Full title:COFFEY ENTERPRISES REALTY DEVELOPMENT COMPANY, INC. et al. v. DEPARTMENT…

Court:Supreme Court of Georgia

Date published: Sep 9, 1981

Citations

281 S.E.2d 611 (Ga. 1981)
281 S.E.2d 611

Citing Cases

Jones v. Peach Trader Inc.

Consequently, during this interval our cases recognized that orders dissolving or modifying temporary…