365 S.E.2d 435
45287.Supreme Court of Georgia.
DECIDED MARCH 10, 1988. RECONSIDERATION DENIED MARCH 30, 1988.
PER CURIAM.
The effort of private parties to widen a roadway without agreement of adjoining landowners may succeed only by acquisition of a private way, as provided in OCGA § 44-9-40 et seq. In this case there is no showing that interlocutory injunction is necessary to preserve the status quo.
Judgment reversed. All the Justices concur, except Smith, J., who dissents.
DECIDED MARCH 10, 1988 — RECONSIDERATION DENIED MARCH 30, 1988.
Equity. Lumpkin Superior Court. Before Judge Story.
Stewart, Melvin House, Frank W. Armstrong, for appellants.
Whelchel, Dunlap Gignilliat, James E. Brim III, for appellees.
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