Kidd v. Mayor of Milledgeville

Court of Appeals of Georgia

Kidd v. Mayor of Milledgeville

102 S.E.2d 95, 97 Ga. App. 135, 1958 Ga. App. LEXIS 720

CourtCourt of Appeals of Georgia

DecidedFebruary 5, 1958

Docket36965

StatusPublished

This text of 102 S.E.2d 95 (Kidd v. Mayor of Milledgeville) 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

Kidd v. Mayor of Milledgeville, 102 S.E.2d 95, 97 Ga. App. 135, 1958 Ga. App. LEXIS 720 (Ga. Ct. App. 1958).

Pincite

Opinion

Felton, Chief Judge.

An action for a declaratory judgment will not lie in favor of a municipality to determine the ownership of land allegedly lying within a 100-foot street right-of-way of which the municipality claims control and jurisdiction equivalent to fee-simple title, and to determine whether or not a landowner is encroaching upon such right-of-way, as the municipality had a clear and adequate remedy at law. Bright v. City of Washington, 95 Ga. App. 84 (97 S. E. 2d 163).

The court erred in overruling the general demurrer to the petition.

Judgment reversed.

Quillian and Nichols, JJ., concur.

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