Kidd v. Mayor of Milledgeville

Full title: KIDD v. MAYOR c. OF MILLEDGEVILLE

Court: Court of Appeals of Georgia

Date published: Feb 5, 1958

102 S.E.2d 95 (Ga. Ct. App. 1958)

97 Ga. App. 135

Opinion

36965.

DECIDED FEBRUARY 5, 1958.

Declaratory judgment. Baldwin Superior Court. Before Judge Carpenter. April 8, 1957.

Wilbur B. Nall, W. George Thomas, for plaintiff in error.

Robert H. Herndon, contra.

FELTON, Chief Judge.

An action for a declaratory judgment will not lie in favor of a municipality to determine the ownership of land allegedly lying within a 100-foot street right-of-way of which the municipality claims control and jurisdiction equivalent to fee-simple title, and to determine whether or not a landowner is encroaching upon such right-of-way, as the municipality had a clear and adequate remedy at law. Bright v. City of Washington, 95 Ga. App. 84 ( 97 S.E.2d 163).

The court erred in overruling the general demurrer to the petition.

Judgment reversed. Quillian and Nichols, JJ., concur.

DECIDED FEBRUARY 5, 1958.