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Double Branches Ass'n Inc. v. Jones

The trial court properly found that the defendants did not breach a water services agreement since the agreement constituted a restrictive covenant and was no longer enforceable pursuant to O.C.G.A. § 40-5-60 subsection b.

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Double Branches Association, Inc., a homeowners association of the Double Branches Subdivision in Greene County, along with several of the subdivision’s residents collectively, the “Association”, sued Double Branches Water, LLC, a private water company, and its past owners collectively, “Double Branches Water” for alleged breaches of a 1991 Trust Indenture Water Services Agreement the “Agreement” entered into between the developer of the Double Branches subdivision and Double Branches Water. The Association claimed that these breaches occurred when Double Branches Water added certain fees and raised the rates for water service to the subdivision’s homes above the maximum amount allowed by the Agreement. Double Branches Water filed a motion for summary judgment and a petition for declaratory judgment. The trial court granted Double Branches Water’s motion for summary judgment without making findings of fact or conclusions of law. Finding that the Agreement constituted a “covenant running with the land,” the trial court granted the petition for declaratory judgment on the grounds that the terms of the Agreement were no longer enforceable under OCGA § 44-5-60. For the following reasons, we affirm.

Summary judgment is warranted if the pleadings and evidence “show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Punctuation and footnote omitted. Calhoun, GA NG, LLC v. Century Bank, 320 Ga. App. 472, 472-473 740 SE2d 210 2013.

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