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Georgia Public Service Commission v. Central of Georgia Railroad

361 S.E.2d 723, 184 Ga. App. 241, 1987 Ga. App. LEXIS 2197
CourtCourt of Appeals of Georgia
DecidedSeptember 16, 1987
Docket72264
StatusPublished

This text of 361 S.E.2d 723 (Georgia Public Service Commission v. Central of Georgia Railroad) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Georgia Public Service Commission v. Central of Georgia Railroad, 361 S.E.2d 723, 184 Ga. App. 241, 1987 Ga. App. LEXIS 2197 (Ga. Ct. App. 1987).

Opinion

Birdsong, Chief Judge.

The Supreme Court of Georgia has reversed our decision in this case which appears at 179 Ga. App. 415 (346 SE2d 568), wherein we held that under the plain terms of OCGA § 46-8-121 (and former Code § 94-321), the Georgia Public Service Commission has original approval power of the Railroad’s condemnation of the subject property, and that this approval power is not limited merely to a question of whether the condemnation is for public use. Central of Ga. R. Co. v. Ga. Public Svc. Commission, 257 Ga. 217 (356 SE2d 865).

Accordingly, since under the Supreme Court’s decision, the PSC [242]*242used the wrong standard in considering whether to approve this taking, the case is remanded for reconsideration on the merits in a manner not inconsistent with the opinion of the Supreme Court.

Decided September 16, 1987. Michael J. Bowers, Attorney General, H. Perry Michael, First Assistant Attorney General, Jim 0. Llewellyn, Senior Assistant Attorney General, H. Jeff Lanier, Assistant Attorney General, for appellants. Earle B. May, Jr., Benjamin M. Garland, for appellee.

Judgment reversed and case remanded.

Banke, P. J., and Sognier, J., concur.

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Related

Central of Georgia Railroad v. Georgia Public Service Commission
356 S.E.2d 865 (Supreme Court of Georgia, 1987)
Georgia Public Service Commission v. Central of Georgia Railroad
346 S.E.2d 568 (Court of Appeals of Georgia, 1986)

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Bluebook (online)
361 S.E.2d 723, 184 Ga. App. 241, 1987 Ga. App. LEXIS 2197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-public-service-commission-v-central-of-georgia-railroad-gactapp-1987.