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Fincher Road Invs. LLLP v. City of Canton, GA

Although the city eventually sought to dismiss its condemnation action against a property owner, the property owner was entitled to compensation for the city's temporary taking of its property, which the city had acquired by filing a declaration of taking.

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Fincher Road Investments, LLLP Fincher Road appeals the trial court’s order on pre-trial issues in a case arising from a condemnation action brought against it by the City of Canton the City. Following protracted litigation between the parties including a prior appeal to this Court,1 the City sought to dismiss its condemnation action. Fincher Road appeals the trial court’s ruling that it is only entitled to attorney fees and costs of litigation but no compensation for any taking of the property. We agree that the trial court erred and, for the reasons set forth infra, we affirm in part and reverse in part.

The record reflects that on October 11, 2010, the City filed a petition for condemnation and declaration of taking with respect to property owned by Fincher Road.2 The City deposited $787,400 with the trial court, which it estimated to be just and adequate compensation for the property. On October 25, 2010, the court issued an order and judgment upon the petition, declaring that title had vested in the City and that the City had the right of possession as to the property. On November 22, 2010, Fincher Road filed a notice of appeal to the court’s order as to the value of the condemned property. That same day, Fincher Road also filed a petition to set aside the declaration of taking, contending that the declaration was improper for a number of reasons.

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