From Casetext: Smarter Legal Research

Potts v. State Highway Department

Supreme Court of Georgia
Jan 9, 1969
165 S.E.2d 726 (Ga. 1969)

Opinion

24948.

ARGUED DECEMBER 9, 1968.

DECIDED JANUARY 9, 1969.

Condemnation of land. Coweta Superior Court. Before Judge Knight.

Glover Davis, J. L. Glover, Welborn B. Davis, Jr., for appellant.

Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, John H. Hicks, Deputy Assistant Attorney General, Sanders, Mottola Haugen, Chas. Van S. Mottola, for appellee.


The basis relied upon by the appellant for this court's jurisdiction of this case is her attack upon the statute which authorizes the establishment of limited access highways (Ga. L. 1955, p. 559). However, in her brief and in oral argument she acknowledges that she contends the statute is unconstitutional only if it should be construed to authorize the taking of a right of access without compensation to the abutting landowner. In this situation there is raised no constitutional question for this court's jurisdiction under the Constitution. Art. VI, Sec. II, Par. IV ( Code Ann. § 2-3704). See Gormley v. Searcy, 179 Ga. 389, 397 ( 175 S.E. 913); Morgan v. Mertins, 198 Ga. 800, 809 ( 33 S.E.2d 156) (one Justice absent); Northwestern Mut. Life Ins. Co. v. Suttles, 201 Ga. 84, 103 ( 38 S.E.2d 786).

Therefore, the motion of the appellee to transfer is granted, and the case is

Transferred to the Court of Appeals. All the Justices concur.

ARGUED DECEMBER 9, 1968 — DECIDED JANUARY 9, 1969.


Summaries of

Potts v. State Highway Department

Supreme Court of Georgia
Jan 9, 1969
165 S.E.2d 726 (Ga. 1969)
Case details for

Potts v. State Highway Department

Case Details

Full title:POTTS, Executrix v. STATE HIGHWAY DEPARTMENT

Court:Supreme Court of Georgia

Date published: Jan 9, 1969

Citations

165 S.E.2d 726 (Ga. 1969)
165 S.E.2d 726

Citing Cases

Thrift v. Vi-Vin Products, Inc.

The plaintiff's attack upon the 1974 Act of the General Assembly is not an attack upon the constitutionality…

Register v. Stone's Independent Oil Distributors

The case therefore requires only the application of plain and unambiguous provisions of the Georgia…