Bowers v. Fulton County

171 S.E.2d 308, 225 Ga. 745, 1969 Ga. LEXIS 636

Opinions

Grice, Justice.

This appeal from the second trial of a condemnation proceeding was brought to this court on the theory that construction of a provision of the Georgia Constitution has been invoked. However, we take the view that application, rather than construction, is involved. The Court of Appeals has jurisdiction to apply the constitutional provision to the facts here. See in this connection, Gulf Paving Co. v. City of Atlanta, 149 Ga. 114 (99 SE 374); Sutiles v. Hill Crest Cemetery, 209 Ga. 160 (71 SE2d 217). Since there is no basis for this court’s jurisdiction, the case must be

Transferred to the Court of Appeals.

Almand, C. J., Mobley, P. J., Frankum and Felton, JJ., concur. TJndercofler, J., and Judge T. 0. Marshall dissent. Nichols, J., disqualified.