Department of Transportation v. Merritt
252 S.E.2d 508
Ga.
1979
Check Treatment
Bowles, Justice.

The writ of certiorari was granted by this court on November 8, 1978, to review Division 4 of the Court of Appeals’ opinion which upheld the trial court’s award of attorney fees to the condemnee. DeKalb County v. Trustees &c., B. P. O. Elks, 242 Ga. 707 (1978) now controls, and would require a reversal of the award of attorney fees.

Judgment reversed.

All the Justices concur, except Nichols, C. J., and Hill, J., who concur in the judgment only.