Date: 07-17-1998

Case Style: Hall County v. Merritt et al.

Case Number: A98A0779

Judge: Judge Hicks

Court: Superior Court, Hall County, Georgia

Plaintiff's Attorney: Frank Armstrong III of Stewart, Melvin & Frost, Gainesville, Georgia

Defendant's Attorney: Thomas L. Fitzgerald of Hulsey, Oliver & Mahar, Gainesville, Georgia

Description: Eminent Domain – Plaintiff filed a condemnation action for the purpose of making the 51 acres belonging to defendant into a municipal solid waste landfill. Defendant intended to use the property as a private sanitary landfill.

Outcome: Verdict for the defendant. A special master awarded the defendant $575,000.00 and a jury awarded the defendant $1,035,600.00 (or $20,000.00 per acre as the actual market value).

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Affirmed by the Georgia Court of Appeals. See: 504 S.E.2d 754 (Ga.App. 1998). The date shown above is the appellate court date and not the date of the trial.