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City Of Mariettav.Summerour

CourtSupreme Court of Georgia
Docket No.S17G0057
DecidedOctober 30, 2017
JudgesSupreme Court of Georgia
Tags
CivilGovernment LawProperty LawCondemnationStatutory InterpretationReversalRemand
Case Summary

The City of Marietta sought to condemn Ray Summerour’s land for a public park after the parties failed to agree on a voluntary sale. The Court of Appeals set aside the condemnation order because the City had not complied with the statutory requirements governing negotiations and remanded for an inquiry into bad faith. The Supreme Court of Georgia held that compliance with those requirements is an essential prerequisite to filing a condemnation petition. Because the City had not provided the appraisal information and other statutory disclosures required before condemnation, its petition had to be dismissed regardless of whether the City acted in bad faith. The court affirmed the decision to set aside the condemnation order but reversed the direction to investigate bad faith. The case was remanded for dismissal of the petition.

Opinion

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City Of Marietta V. Summerour — The Atlanta Gleaner