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Pass v. Forestar GA Real Estate Grp. Inc.

The trial court erred in granting summary judgment to the plaintiff in its suit to enjoin the defendant from blocking the plaintiff's access to a roadway that ran through the defendant's property, since questions of fact remained as to whether the roadway and the plaintiff's right of access had been abandoned.

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Forestar GA Real Estate Group, Inc. Forestar sued Linda Pass, individually and as representative of her father’s estate, to prevent her from blocking a roadway leading to Forestar’s property in Jackson County the Forestar tract. The trial court granted summary judgment to Forestar, permanently enjoining Pass from obstructing the road. Pass appeals, arguing, among other things, that questions of fact remain as to whether the roadway and Forestar’s access had been abandoned.1 We agree and reverse.

Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.2 On appeal from the grant of summary judgment, we review the trial court’s ruling de novo, construing the evidence in the light most favorable to the nonmoving party.3 So viewed, the record shows that the Forestar tract abuts property owned by the estate of Pass’s father, Halton Ed Davis, who died in 1999 the Davis tract. Pass is the executrix of her father’s will and the sole heir to his estate.

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