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Prime Home Properties LLC v. Rockdale County Bd. of Health

The plaintiff failed to show a taking for public purpose necessary to support its inverse condemnation claim.

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In Case No. A07A2185, a Rockdale County jury awarded damages to real estate developer Prime Home Properties, LLC, “Prime” on its inverse condemnation claim against the Rockdale County Board of Health “the Board”. Prime appeals from the final judgment, contending the court erred in granting summary judgment in favor of the Board on the Prime’s other claims, and allowing only the inverse condemnation claim to proceed to the jury. Prime also argues that, because the claims disposed of at summary judgment were justiciable, the court erred in awarding attorney fees to the Board. In Case No. A07A2186, the Board cross appeals, contending, inter alia, that it was entitled to a judgment in its favor on the inverse condemnation claim, and that the court should have directed a verdict on that claim. For the reasons that follow, we affirm in Case No. A07A2185 and reverse in Case No. A07A2186.

A07A2185

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