Summerour v. City of Marietta

Full title: SUMMEROUR v. CITY OF MARIETTA.

Court: Court of Appeals of Georgia

Date published: Jun 7, 2018

815 S.E.2d 590 (Ga. Ct. App. 2018)

Opinion

A16A0640

06-07-2018

SUMMEROUR v. CITY OF MARIETTA.

Donald Clarence Evans Jr., Thomas H. Camp, Cartersville, for Appellant. Daniel Walter White, Douglas R. Haynie, Marietta, for Appellee.

Dillard, Chief Judge.

Donald Clarence Evans Jr., Thomas H. Camp, Cartersville, for Appellant.

Daniel Walter White, Douglas R. Haynie, Marietta, for Appellee.

Dillard, Chief Judge.

In City of Marietta v. Summerour ,¹ the Supreme Court of Georgia affirmed in part and reversed in part our previous decision in Summerour v. City of Marietta .² Specifically, the Supreme Court affirmed our holding reversing the Superior Court of Cobb County’s condemnation order on the ground that the City failed to fulfill its obligations under OCGA § 22-1-9. But the Supreme Court reversed our holding remanding the case for the superior court to consider whether the City’s failure to comply with the aforementioned obligations constituted bad faith. Instead, the Supreme Court held that compliance with OCGA § 22-1-9 is an essential prerequisite to the filing of a condemnation petition, and thus, the City’s failure to comply with the statute required dismissal of its petition regardless of whether or not it acted in bad faith. Accordingly, we adopt the judgment of the Supreme Court of Georgia as our own and direct the superior court to dismiss the City’s condemnation petition.

1 302 Ga. 645, 807 S.E.2d 324 (2017).

2 338 Ga. App. 259, 788 S.E.2d 921 (2016).
--------

Judgment reversed.

Reese and Bethel, JJ., concur.