Mayor c. of Athens v. Gamma Delta Chapter

Full title: MAYOR c. OF ATHENS et al. v. GAMMA DELTA CHAPTER HOUSE CORP

Court: Supreme Court of Georgia

Date published: Oct 9, 1951

67 S.E.2d 111 (Ga. 1951)

208 Ga. 392

Opinion

17591.

SUBMITTED SEPTEMBER 11, 1951.

DECIDED OCTOBER 9, 1951.

Damages. Before Judge West. Clarke Superior Court. June 27, 1951.

James Barrow, for plaintiffs in error.

Eugene Epting and Erwin, Nix, Birchmore Epting, contra.

DUCKWORTH, Chief Justice.

This is an action to recover damages for taking and injuring private property for public use. The Supreme Court is without jurisdiction. Code (Ann.), §§ 2-3704, 2-3708 (Constitution of Georgia; Ga. L. 1945, pp. 43, 44). The mere fact that the Constitution, art. 1, sec. 3, par. 1 (Code, Ann., § 2-301; Ga. L. 1945, p. 13), forbids such injury to or taking of private property without just and adequate compensation being first paid therefor in nowise makes a constitutional question for decision by this court.

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

No. 17591. SUBMITTED SEPTEMBER 11, 1951 — DECIDED OCTOBER 9, 1951.