Smith v. Mitchell County, GA

The evidence supported the special master's findings in a boundary line dispute between Mitchell County and the owners of adjacent property and the Court therefore affirmed the superior court's final decree adopting the findings.

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This appeal arises from a superior court’s final decree adopting the findings of a special master in a boundary line dispute. The appellants challenge the lack of an evidentiary hearing by the special master; however, they waived such a hearing. The appellants also challenge the sufficiency of the evidence supporting the trial court’s final decree; however, the record reveals not only that the any evidence standard of review has been met, but that the evidence presented creates no genuine issue of material fact. The appellants further argue that the matter should have been submitted to a jury; but because there was no genuine issue of material fact, submission to a jury was not required. Accordingly, we affirm.

The record shows that Mitchell County, Georgia filed a petition to quiet title against all the world as to a tract of land containing approximately 16.7 acres. The petition alleged a boundary line dispute between Mitchell County and defendants Shirley and Linda Smith, owners of an adjacent tract of land to the north of the Mitchell County property. The Smiths answered the petition, disputing Mitchell County’s claim of prescriptive title as to the boundary line location. The dispute arose from two surveys showing different locations for the common boundary between the parties’ respective properties, with Mitchell County relying on a 1991 survey prepared for its predecessor in title and the Smiths using a 2012 survey prepared for them prior to their purchase of the land north of Mitchell County’s property. The trial court submitted the matter to a special master pursuant to OCGA § 23-3-63.

Smith v. Mitchell County, GA

The evidence supported the special master's findings in a boundary line dispute between Mitchell County and the owners of adjacent property and the Court therefore affirmed the superior court's final decree adopting the findings.

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