EMINENT DOMAIN - GEORGIA

City of Canton v. Brandreth Holdings, LLC

Court of Appeals of Georgia - April 1, 2024 - S.E.2d - 2024 WL 1360766

Property owners, which were two limited liability companies (LLCs), brought inverse-condemnation action against city, alleging that city failed to maintain its sewer system and failed to make necessary improvements and repairs in a timely manner, causing damage to owners’ property that constituted a taking for which compensation was due.

The Superior Court denied city’s motion to dismiss. Upon grant of its application for interlocutory appeal, city appealed.

The Court of Appeals held that owners were not required to provide notice pursuant to municipal ante litem notice statute before bringing their claim.



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