Fulton Cnty. v. Dillard Land Invs. LLC

Fulton County was authorized to voluntarily dismiss its condemnation action after the superior court adopted the award but before the amount of the award was paid into the court's registry or to the condemnee.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this condemnation case, Fulton County appeals the superior court’s order setting aside its voluntary dismissal of its condemnation petition, as well as the court’s order abrogating the judgment to allow for the filing of non-value exceptions to the special master’s award the “award”. The pivotal issue in this case is whether Fulton County was authorized to voluntarily dismiss its condemnation action after the superior court adopted the award but before the amount of the award was paid into the court’s registry or to the condemnee. We conclude that Fulton County was entitled to do so and reverse, for the following reasons.

On February 24, 2012, Fulton County filed a petition for condemnation before a special master under OCGA § 22-2-100 et seq. to acquire 12 acres of land owned by Dillard Land Investments, LLC “Dillard”, to expand its library facilities. A special master was appointed on March 27, 2012. On May 10, 2012, after a hearing, the special master filed his award with the trial court, concluding that the actual market value of the property was $5,187,500. On May 16, 2012, the trial court entered its judgment adopting the award. On May 18, 2012, Fulton County filed a voluntary dismissal of the petition. On June 12, 2012, Dillard filed an emergency motion to vacate and set aside the voluntary dismissal. On June 15, 2012, Fulton County moved to set aside or vacate the trial court’s judgment. On August 14, 2012, the trial court entered an order granting Dillard’s motion to set aside the voluntary dismissal and a second order abrogating the judgment to allow the parties to file non-value exceptions to the award. Fulton County filed an application for interlocutory appeal, which this Court granted, and this appeal followed.

Fulton Cnty. v. Dillard Land Invs. LLC

Fulton County was authorized to voluntarily dismiss its condemnation action after the superior court adopted the award but before the amount of the award was paid into the court's registry or to the condemnee.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report