Potts v. State Highway Department

Supreme Court of Georgia

Potts v. State Highway Department

165 S.E.2d 726, 225 Ga. 6, 1969 Ga. LEXIS 352

CourtSupreme Court of Georgia

DecidedJanuary 9, 1969

Docket24948

StatusPublished

Cited by6 cases

This text of 165 S.E.2d 726 (Potts v. State Highway Department) 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

Potts v. State Highway Department, 165 S.E.2d 726, 225 Ga. 6, 1969 Ga. LEXIS 352 (Ga. 1969).

Pincite

Opinion

Grice, Justice.

The basis relied upon by the appellant for this court’s jurisdiction of this case is her attack upon the statute which authorizes the establishment of limited access highways (Ga. L. 1955, p. 559). However, in her brief and in oral argument she acknowledges that she contends the statute is unconstitutional only if it should be construed to authorize the taking of a right of access without compensation to the *7 abutting landowner. In this situation there is raised no constitutional question for this court’s jurisdiction under the Cdnstitution. Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704). See Gormley v. Searcy, 179 Ga. 389, 397 (175 SE 913); Morgan v. Mertins, 198 Ga. 800, 809 (33 SE2d 156) (one Justice absent); Northwestern Mut. Life Ins. Co. v. Suttles, 201 Ga. 84, 103 (38 SE2d 786).

Argued December 9,1968 Decided January 9, 1969. Glover & Davis, J. L. Glover, Welborn B. Davis, Jr., for appellant. Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, John H. Hicks, Deputy Assistant Attorney General, Sanders, Mottola & Haugen, Chas. Van S. Mottola, for appellee.

Therefore, the motion of the appellee to transfer is granted, and the case is

Transferred to the Court of Appeals.

All the Justices concur.

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

Grice, Justice.

The basis relied upon by the appellant for this court’s jurisdiction of this case is her attack upon the statute which authorizes the establishment of limited access highways (Ga. L. 1955, p. 559). However, in her brief and in oral argument she acknowledges that she contends the statute is unconstitutional only if it should be construed to authorize the taking of a right of access without compensation to the *7 abutting landowner. In this situation there is raised no constitutional question for this court’s jurisdiction under the Cdnstitution. Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704). See Gormley v. Searcy, 179 Ga. 389, 397 (175 SE 913); Morgan v. Mertins, 198 Ga. 800, 809 (33 SE2d 156) (one Justice absent); Northwestern Mut. Life Ins. Co. v. Suttles, 201 Ga. 84, 103 (38 SE2d 786).

Argued December 9,1968 Decided January 9, 1969. Glover & Davis, J. L. Glover, Welborn B. Davis, Jr., for appellant. Arthur K. Bolton, Attorney General, Richard L. Chambers, Assistant Attorney General, John H. Hicks, Deputy Assistant Attorney General, Sanders, Mottola & Haugen, Chas. Van S. Mottola, for appellee.

Therefore, the motion of the appellee to transfer is granted, and the case is

Transferred to the Court of Appeals.

All the Justices concur.

Cite This Page — Counsel Stack

Bluebook (online)

165 S.E.2d 726, 225 Ga. 6, 1969 Ga. LEXIS 352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potts-v-state-highway-department-ga-1969.

Opinion

Related

Cite This Page — Counsel Stack