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.
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