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Pennington v. Gwinnett Cnty.

Inverse condemnation does not apply where the complaining party does not have a valid property interest taken.

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Steve and Brenda Pennington appeal the trial court’s grant of summary judgment to Gwinnett County in the Penningtons’ action seeking compensation for the loss of a business opportunity. The Penningtons argue that the county’s interference scuttled their deal with T-Mobile South LLC under which T-Mobile intended to lease a portion of their property for the installation of a cell phone tower. They argue that this interference resulted in a taking and amounted to an inverse condemnation. But because the evidence is undisputed that the Penningtons merely had an option contract with T-Mobile and that T-Mobile decided not to exercise that option, as was its right, the Penningtons have not shown a taking or an inverse condemnation. We therefore affirm.

A trial court may grant summary judgment when there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law. OCGA § 9-11-56 c. “We review the grant or denial of a motion for summary judgment de novo, and we must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant.” City of Tybee Island v. Live Oak Group, LLC, 324 Ga. App. 476, 477 751 SE2d 123 2013 citation omitted.

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