Georgia Public Service Comm'n v. Central, Georgia

Full title: GEORGIA PUBLIC SERVICE COMMISSION et al. v. CENTRAL OF GEORGIA RAILROAD…

Court: Court of Appeals of Georgia

Date published: Sep 16, 1987

361 S.E.2d 723 (Ga. Ct. App. 1987)

361 S.E.2d 723

Opinion

72264.

DECIDED SEPTEMBER 16, 1987.

Land condemnation. Fulton Superior Court. Before Judge Eldridge.

Michael J. Bowers, Attorney General, H. Perry Michael, First Assistant Attorney General, Jim O. Llewellyn, Senior Assistant Attorney General, H. Jeff Lanier, Assistant Attorney General, for appellants.

Earle B. May, Jr., Benjamin M. Garland, for appellee.

BIRDSONG, Chief Judge.

The Supreme Court of Georgia has reversed our decision in this case which appears at 179 Ga. App. 415 ( 346 S.E.2d 568), wherein we held that under the plain terms of OCGA § 46-8-121 (and former Code § 94-321), the Georgia Public Service Commission has original approval power of the Railroad's condemnation of the subject property, and that this approval power is not limited merely to a question of whether the condemnation is for public use. Central of Ga. R. Co. v. Ga. Public Svc. Commission, 257 Ga. 217 ( 356 S.E.2d 865).

Accordingly, since under the Supreme Court's decision, the PSC used the wrong standard in considering whether to approve this taking, the case is remanded for reconsideration on the merits in a manner not inconsistent with the opinion of the Supreme Court.

Judgment reversed and case remanded. Banke, P. J., and Sognier, J., concur.

BIRDSONG, Chief Judge.

DECIDED SEPTEMBER 16, 1987.