Housing Authority v. Mercer

Court of Appeals of Georgia

Housing Authority v. Mercer

184 S.E.2d 225, 124 Ga. App. 477, 1971 Ga. App. LEXIS 975

CourtCourt of Appeals of Georgia

DecidedSeptember 14, 1971

Docket46243

StatusPublished

This text of 184 S.E.2d 225 (Housing Authority v. Mercer) 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.

Bluebook

Housing Authority v. Mercer, 184 S.E.2d 225, 124 Ga. App. 477, 1971 Ga. App. LEXIS 975 (Ga. Ct. App. 1971).

Pincite

Opinion

Hall, Presiding Judge.

Condemnor appeals from the dismissal of its appeal to a jury. For a complete statement of the rather involved history of this case, see Housing Authority of Atlanta v. Mercer, 123 Ga. App. 38 (179 SE2d 275).

The trial court did not err in dismissing the appeal to a jury. The law is clear that an unconditional tender into the registry of the court of the amount of the award is a condition precedent to such an appeal. Woodside v. City of Atlanta, 214 Ga. 75 (103 SE2d 108). The only exception is for road and street purposes. Code Ann. §§ 2-301 and 36-1303. See also Kreutz v. Housing Authority of Dublin, 107 Ga. App. 315 (130 SE2d 134); State Hwy. Dept. v. Hendrix, 215 Ga. 821 (113 SE2d 761); City of Atlanta v. Lunsford, 105 Ga. App. 247 (124 SE2d 493).

As the payment here was conditional and unavailable to the condemnee, it therefore did not operate as compensation for the taking under the rationale of the cases cited above. Therefore, the condemnor did not perform the necessary condition precedent to prosecute an appeal.

Judgment affirmed.

Eberhardt and Whitman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hall, Presiding Judge.

Condemnor appeals from the dismissal of its appeal to a jury. For a complete statement of the rather involved history of this case, see Housing Authority of Atlanta v. Mercer, 123 Ga. App. 38 (179 SE2d 275).

The trial court did not err in dismissing the appeal to a jury. The law is clear that an unconditional tender into the registry of the court of the amount of the award is a condition precedent to such an appeal. Woodside v. City of Atlanta, 214 Ga. 75 (103 SE2d 108). The only exception is for road and street purposes. Code Ann. §§ 2-301 and 36-1303. See also Kreutz v. Housing Authority of Dublin, 107 Ga. App. 315 (130 SE2d 134); State Hwy. Dept. v. Hendrix, 215 Ga. 821 (113 SE2d 761); City of Atlanta v. Lunsford, 105 Ga. App. 247 (124 SE2d 493).

As the payment here was conditional and unavailable to the condemnee, it therefore did not operate as compensation for the taking under the rationale of the cases cited above. Therefore, the condemnor did not perform the necessary condition precedent to prosecute an appeal.

Judgment affirmed.

Eberhardt and Whitman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

184 S.E.2d 225, 124 Ga. App. 477, 1971 Ga. App. LEXIS 975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/housing-authority-v-mercer-gactapp-1971.

Opinion

Related

Cite This Page — Counsel Stack