Keith v. Whitehead

365 S.E.2d 435, 258 Ga. 142, 1988 Ga. LEXIS 162

Opinion

Per curiam.

The effort of private parties to widen a roadway without agreement of adjoining landowners may succeed only by acquisition of a private way, as provided in OCGA § 44-9-40 et seq. In this case there is no showing that interlocutory injunction is necessary to preserve the status quo.

Judgment reversed.

All the Justices concur, except Smith, J., who dissents.