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Hubert Props. LLP v. Cobb Cnty.; Hubert Props. LLP v. Bishop

The trial court did not err in finding that the county properly disposed of the unused portion of a condemned tract in accordance with OCGA § 36-9-3 h rather than OCGA § 32-7-3 and -4.

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Hubert Properties Hubert appeals from the trial court’s grant of summary judgment to Cobb County and E. Neil Bishop on Hubert’s complaint for declaratory judgment. Hubert claimed that, as the original owner of property condemned by Cobb County, it should have been allowed to re-purchase the unused portion of the condemned tract. After the property in question was sold to Bishop, a neighboring landowner, Hubert sought to have the conveyance to Bishop set aside and a declaratory judgment entered allowing Hubert to re-purchase the remnant. The trial court held that the sales of the remnants to Bishop and another adjoining landowner were legal. We agree and affirm.

The record shows that Cobb County condemned land belonging to Hubert for purposes of a public road. Several years later, the County offered Hubert the option to buy back a 0.202-acre remnant parcel of the original tract of land. Hubert agreed to buy back the remnant, but the sale was never finalized.

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