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Housing Authority v. Curry Realty Co.

Citations: 209 Ga. 84; 70 S.E.2d 749; 1952 Ga. LEXIS 409Docket: No. 17862

Court: Supreme Court of Georgia; May 13, 1952; Georgia; State Supreme Court

Narrative Opinion Summary

The Housing Authority of the City of Dublin, Georgia, initiated condemnation proceedings against property owned by Curry Realty Company. Following an assessment, the case was appealed to the superior court, where the only matter for determination was the property's value at the time of condemnation. The condemnor contested the jury’s valuation and filed a motion for a new trial. However, the court ruled that since the only issue was the property's value and no other jurisdictional questions were raised in the motion for a new trial, the case does not fall under its jurisdiction. Instead, it is transferred to the Court of Appeals, as established by precedent cases. All justices concurred in this decision. Legal representation included Dawson Kea and Lester F. Watson for the plaintiff, and Emory L. Rowland, H. Dale Thompson, and Joe W. Rowland for the defendant.

Legal Issues Addressed

Condemnation Proceedings and Property Valuation

Application: The case involved condemnation proceedings where the sole issue on appeal was the valuation of the property at the time of condemnation.

Reasoning: Following an assessment, the case was appealed to the superior court, where the only matter for determination was the property's value at the time of condemnation.

Jurisdiction of the Court of Appeals

Application: The case was transferred to the Court of Appeals because it involved only the valuation of property, not jurisdictional questions, aligning with precedent cases.

Reasoning: However, the court ruled that since the only issue was the property's value and no other jurisdictional questions were raised in the motion for a new trial, the case does not fall under its jurisdiction. Instead, it is transferred to the Court of Appeals, as established by precedent cases.