(Credit: Kalyakan – stock.adobe.com) Judges Weigh Appeal in Ruling to Affect Property Owners All Over State of Georgia
"I feel like I'm going to win the case, but can I get the Court of Appeals to say maybe this 'substantial or material interferences' [case law] is a slippery slope we might not want to keep sliding on?" said plaintiff-appellee counsel Michael Cummings.
March 27, 2024 at 03:46 PM
4 minute read
What You Need to Know
- A northeast Georgia trial court awarded summary judgment to a property owner who sued a neighbor for tresspass after he built a parking lot that encroached on a road she owned.
- Now, the defendant-appellant argues that, because the parking lot didn't keep others from driving on the road, he should be able to keep the spot.
- The court's questioning indicated it was largely unconvinced, as it asked the appellant to explain his reasoning.
Georgia Court of Appeals judges brought the house down questioning appellate counsel at oral argument Tuesday when a panel composed of Presiding Judge Sara Doyle, and Judges Kenneth Hodges and Jeffrey Watkins was tasked with resolving a parking lot easement dispute brought to them from the mountains of northeast Georgia.
"I never thought a property case would be interesting and fun," Hodges remarked after the oral argument. "[This is going to] affect people who own property all over the state of Georgia, not just in Rabun County."
Judge Jeffrey A. Watkins,Superior Court of the Cherokee Judicial Circuit. (Courtesy photo) This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
Georgia Justices Urged to Revive Malpractice Suit Against Retired Barnes & Thornburg Atty
4 minute read
Medical Student's Error Takes Center Stage in High Court 'Agency' Dispute
7 minute read
Law Firms Mentioned
Trending Stories
- 1NJ Jury Awards $4.5M After Woman Trips on Carpet
- 2Blake Lively Is Sued by Texas Crisis Specialist in Latest 'It Ends With Us' Lawsuit
- 3Pa. High Court to Decide Whether Flight in a High Crime Area Can Result in an Investigative Stop
- 4EB-5 Immigration Investor Program: a Win-Win Program, or Is It?
- 5People in the News—Feb. 6, 2025—Unruh Turner, Fox Rothschild
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
