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Gramm v. City of Stockbridge

The city erred in dismissing the action after the trial court entered a condemnation judgment and the city acquired title to the property.

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The City of Stockbridge filed a petition for condemnation before a special master under OCGA § 22-2-100 et seq. and under OCGA § 36-61-1 et seq. the “Urban Redevelopment Law” to acquire certain property owned by Marilyn K. Gramm for use in the City’s urban redevelopment plan. Following a hearing, the special master entered an award granting the City’s petition and awarding Gramm $430,000 as the value of the condemned property. The superior court entered a judgment incorporating the special master’s award, the City paid the amount awarded into the court’s registry, and the funds were disbursed to Gramm. Gramm filed a timely appeal in the superior court, challenging only the amount of the award and seeking a jury trial on the issue. Before trial, the City determined that it no longer needed Gramm’s property for its plan. The City, therefore, voluntarily dismissed the condemnation action without prejudice, filed a quitclaim deed reconveying the property to Gramm, and filed a claim of lien seeking Gramm’s repayment of the condemnation award. The City also demanded payment of interest at a rate of seven percent per annum.

Gramm filed a motion to set aside the City’s dismissal of the condemnation action. The trial court denied Gramm’s motion. We granted Gramm’s application for interlocutory appeal to review the trial court’s decision. Because the City erred in unilaterally dismissing the action after the condemnation judgment had been entered and it had acquired title to the property, we must reverse.

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