McKemie v. City of Griffin

The condemnees could recover their fees and costs under O.C.G.A. § 9-15-14 a based on the city's conduct in electing to dismiss its condemnation petition after the special master entered a condemnation award.

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In this granted petition for writ of certiorari in a condemnation proceeding, we hold that the Court of Appeals erred in reversing the trial court’s award of attorney fees to the property owners. City of Griffin v. McKemie, 240 Ga. App. 180 522 SE2d 288 1999. But because the trial court made no findings of conduct which would support its award, we remand for that purpose.

After efforts at negotiation proved unsuccessful, the City of Griffin City filed a petition for condemnation in rem against property owned by the McKemies to acquire sewer easements to serve the Griffin-Spalding County Airport and other potential users. At the City’s request, the court appointed a special master to hear evidence as to the fair market value of the property sought to be condemned. Following a hearing, the special master recommended that the court grant the City’s petition, but it award the McKemies twice the City’s appraised value of the property. The McKemies filed exceptions to the award and a notice of appeal. Instead of defending the appeal, the City abandoned the condemnation proceedings in favor of redesigning the sewer line. Following the dismissal, the McKemies moved for attorney fees and costs of litigation under OCGA § 9-15-14, or alternatively, under OCGA § 22-4-7. The trial court awarded attorney fees in the amount of $5,281.36, but failed to make findings of fact or to specify the statutory basis upon which the award was made. The Court of Appeals reversed, concluding that the award was not authorized as a matter of law under either statute. Because we find that the actions of the City would justify the recovery of litigation costs under OCGA § 9-15-14 b, we reject that conclusion.

McKemie v. City of Griffin

The condemnees could recover their fees and costs under O.C.G.A. § 9-15-14 a based on the city's conduct in electing to dismiss its condemnation petition after the special master entered a condemnation award.

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