Mayor &C. of Athens v. Gamma Delta Chapter House Corp., 208 Ga. 392

Duckworth, Chief Justice.

This is an action to recover damages for taking and injuring private property for public use. The Supreme Court is without jurisdiction. Code (Ann.), §§ 2-3704, 2-3708 (Constitution of Georgia; Ga. L. 1945, pp. 43, 44). The mere fact that the Constitution, art. 1, sec. 3, par. 1 (Code, Ann., § 2-301; Ga. L. 1945, p. 13), forbids such injury to or taking of private property without just and adequate compensation being first paid therefor in nowise makes a constitutional question for decision by this court.

Transferred to the• Court of Appeals.

All the Justices concur.

Case Details

Case Name: Mayor &C. of Athens v. Gamma Delta Chapter House Corp.

Court Name: Supreme Court of Georgia

Date Published: Oct 9, 1951

Citations: 208 Ga. 392; 67 S.E.2d 111; 1951 Ga. LEXIS 369; 17591

Docket Number: 17591

Court Abbreviation: Ga.