244 Ga. 78 | Ga. | 1979
The plaintiffs filed this petition for writ of mandamus against the Mayor and City of Atlanta, and the Commissioner of Aviation for the City of Atlanta. It is alleged in the complaint that: The defendants are recipients of a federal grant for the purpose of acquiring certain properties, which include the properties of the plaintiffs, for the expansion of the William B. Hartsfield Atlanta International Airport; the defendants have acquired approximately 90% of the properties encompassed within the federal grant, but the defendants have refused to continue acquiring the remaining properties in an effort to coerce the plaintiffs into selling their homes at the price offered by the defendants; and, by virtue of the defendants’ purchase of the other homes in the area, the area has become a virtual "ghost town” infested with rats and other creatures, making it an unfit place to live. The plaintiffs pray that a writ of mandamus be issued to compel the defendants to institute condemnation proceedings against the plaintiffs’ properties. The trial court granted the defendants’ motions for summary judgment, and the plaintiffs appeal. Held:
The writ of mandamus is issued to compel public
Since the complaint does state a claim for relief as an inverse condemnation action, the judgment appealed from is reversed and the case remanded for further proceedings. Under the CPA, a complaint should not be dismissed if, within the framework of the complaint, evidence may be introduced which will sustain a grant of relief to the plaintiff. Almaroad v. Giles, 230 Ga. 473 (197 SE2d 706) (1973).
Judgment reversed and remanded.