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Summerour v. City of Marietta

The trial court should have dismissed the condemnation petition, because the City failed to provide a summary of the basis for its just-compensation offer in violation of O.C.G.A. § 22-1-9 subsection 3.

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The City of Marietta filed a condemnation petition to acquire property owned by Ray Summerour. Following a hearing, the court-appointed special master condemned the property and awarded Summerour $225,000, and, upon review, the trial court affirmed the special master’s award. On appeal, Summerour contends that the trial court erred in failing to dismiss the petition, arguing that the City neglected to provide a summary of the basis for its just-compensation offer in violation of OCGA § 22-1-9 3, and that the City violated OCGA § 22-1-9 7 by negotiating with him in bad faith. Additionally, Summerour contends that the trial court erred in failing, at the very least, to recommit the case to the special master to complete the record. For the reasons set forth infra, we vacate the trial court’s order and remand the case for further proceedings consistent with this opinion.

The record shows that in late 2009, the voters of the City of Marietta approved a referendum for a $25,000,000 parks bond, which included $3,750,000 for the expansion of the Elizabeth Porter Recreation Center. At the time of the referendum, Summerour owned property, which included a small grocery store, adjacent to the eastern border of the recreation center, and the City identified his property as one of nine properties that it needed to acquire for the expansion. Toward that end, on June 10, 2010, the City contacted Summerour, via letter, and informed him of its interest in purchasing his property, that it had hired an appraiser to determine the value of his property, and that it would make an offer to purchase the property based on that value.

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