Warren Tillery

Partner

770-957-3937 MAIN  |  770-957-9165 FAX

WTILLERY@SMITHWELCHLAW.COM

Practice Areas
Eminent Domain
Local Government
Real Estate/Land Use Issues

Law School: Mercer University, Walter F. George School of Law, JD, cum laude, 2014
Undergraduate: University of Florida, BS in Journalism, cum laude, 2011

Warren was born and raised in Florida. He first joined the firm as a law clerk in 2013. Since becoming an attorney in 2014, Warren has maintained a broad practice focused on real estate litigation and local government representation. He and his wife, Leslie, live in McDonough and are members of St. James the Apostle Catholic Church. They enjoy spending time with their fox beagle, Waker, being outdoors, and cooking.

Experience
  • Negotiated, mediated, and litigated, numerous condemnation cases throughout Georgia.
  • Successfully represented property owner in condemnation jury trial where verdict reflected a five hundred percent increase over condemning authority’s estimate of just and adequate compensation.
  • Negotiated settlement with condemning authority that resulted in compensation increase from approximately $15,000 to $250,000.
  • Negotiated settlement with condemning authority in which property owner received monetary compensation equal to its appraiser’s opinion of value in addition to condemning authority modifying driveways at its expense so that the driveways could sustain commercial use.
  • Negotiated, mediated, and litigated, review and revision of service delivery strategies for cities in ten counties throughout Georgia.
  • Obtained reversal of trial court’s decision that judicial resolution provision of Service Delivery Act was unconstitutional. See City of Union Point v. Greene County, et al., 303 Ga. 449 (2018).
  • Obtained summary judgment in favor of property owner in commercial tax appeal regarding whether previous year’s transaction value established the maximum assessed fair market value for year immediately following transaction. Favorable outcome resulted in reduction of $1,000,000 from fair market value originally assessed by board of tax assessors and reimbursement of property owner for attorney’s fees and litigation expenses.
  • Appealed denial of rezoning request to superior court where matter was remanded to the board of commissioners for rehearing, which ultimately resulted in approval of rezoning request.
  • Obtained judgment against general partner of wedding photographer for breach of contract after photographer received discharge in bankruptcy proceeding.

*Disclaimer: The results illustrated herein are not necessarily indicative of any particular outcome in the future. Legal matters can be very complex, and each issue requires analysis dependent on the particular set of facts present. Therefore, these illustrations are provided to show the types of cases handled and outcomes obtained by the attorney, but, of course, cannot mean the same outcomes will be obtained in different cases with possibly different facts in the future.

Speaking
Engagements
  • Presenter, State Bar of Georgia, Eminent Domain Section Annual Seminar (February 2020).
  • Presenter, Northeast Georgia Fire Investigator’s Association, Continuing Education (February 2020).
  • Presenter, State Bar of Georgia, Eminent Domain Section Annual Seminar (February 2019).
  • Presenter, State Bar of Georgia, Eminent Domain Section Annual Seminar (February 2018).
Published
Papers
  • “Pre-Condemnation Negotiations, Preparations, Summerour, and Set Asides,” The Institute of Continuing Legal Education, Program Materials, February 2020.
  • “Before the Courthouse: Information Gathering by Condemnees,” The Institute of Continuing Legal Education, Program Materials, February 2019.
  • “Discovery Motions in Eminent Domain Cases,” The Institute of Continuing Legal Education, Program Materials, February 2018.
  • “Saving Service Delivery: Thank you, Union Point, Ga.,” Georgia Municipal Association, Annual Convention, City Attorneys Seminar, 2018.
  • “An Overview of the Service Delivery Act,” Georgia Municipal Association, Annual Convention, City Attorneys Seminar, 2017.
  • “Why is My Easement Not Worth a Fee?” Smith, Welch, Webb & White, LLC., Eminent Domain Blog (2017).
  • “Leveling the Eminent Domain Playing Field,” Smith, Welch, Webb & White, LLC., Eminent Domain Blog (2017).
Court
Admissions
  • State Bar of Georgia
  • Supreme Court of Georgia
  • Court of Appeals of Georgia
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Court for the Northern District of Georgia
  • United States District Court for the Middle District of Georgia
Activities and
Achievements
  • Eagle Scout
  • Soccer Referee (officiated collegiate, professional, and national team matches)
  • State Bar of Georgia’s Young Lawyer’s Division Leadership Academy, 2019
  • Mercer Law Review
  • Mercer Advocacy Council (moot court chairman)
  • Order of Barristers