Gatefield Corp. v. Gwinnett County

In Gatefield Corp. v. Gwinnett County, 234 Ga. App. 621, 622 (2) (507 SE2d 164) (1998), the condemnor county sought and obtained a condemnation judgment against the wrong parcel of property as a result of its surveyor's misidentification of the land lot in the property survey. See Gatefield Corp., 234 Ga. App. at 621. As a result of the mistake, the county filed a motion to set aside the judgment, dismiss its petition, and restore the property interests to the condemnee/former property owner. Id. The trial court granted the county's motion. On appeal, the Court ruled that the county had not established grounds for setting aside the judgment under OCGA 9-11-60 (d) and could not simply dismiss its condemnation petition after the condemnation judgment had been entered. Id. at 621-623 (1), (2). Nevertheless, the Court concluded that it would be inimical to the public interest to compel the county to retain title to property under the unique circumstances of the case. Id. at 623 (2). As a result, the Court affirmed the trial court's decision to set aside the condemnation judgment on the condition that the county be required to pay all expenses and damages incurred by the condemnee in the proceedings. Id.