Miller v. Lanier County

Supreme Court of Georgia

Miller v. Lanier County

252 S.E.2d 909, 243 Ga. 58, 1979 Ga. LEXIS 806

CourtSupreme Court of Georgia

DecidedJanuary 31, 1979

Docket34277

StatusPublished

Cited by1 cases

This text of 252 S.E.2d 909 (Miller v. Lanier County) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Lanier County, 252 S.E.2d 909, 243 Ga. 58, 1979 Ga. LEXIS 806 (Ga. 1979).

Pincite

Opinion

Nichols, Chief Justice.

Code Ann. § 95A-619 (b) does not apply to the relocation of a portion of a county road that still is in use by the public to such an extent that a substantial public purpose is served by the road. Rather, that section only applies when the county abandons all or part of a county road which, in the language of the section, "has for any reason ceased to be used by the public to the extent that no substantial public purpose is served by it.”

Accordingly, the trial court did not err in declining to issue mandamus absolute against the county commissioners to compel the reopening of a section of road that had been relocated by the commissioners without following the procedures set forth in Code Ann. § 95A-619 (b).

Judgment affirmed.

All the Justices concur.

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