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Boston Creek Holdings LLLP v. Amicalola Elec. Membership Corp.

The applicable 1-year statute of limitation under O.C.G.A. § 46-3-204 barred the new parties' claims in an amended complaint purporting to convert into a class action the plaintiff's suit against an electrical membership corporation arising out of the defendant's activities relating to its easement over the plaintiff's and others' property.

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Boston Creek Holdings filed suit against Amicalola Electrical Membership Corporation “AEMC” asserting claims arising out of AEMC’s activities on property owned by Boston Creek. In this discretionary appeal, Boston Creek appeals the denial of its motion for joinder to convert its suit into a class action, contending that the trial court incorrectly concluded that the claims in the amended complaint were barred by the one-year statute of limitations in OCGA § 46-3-204 and erred by applying the joinder statute OCGA § 9-11-21 to a class action. For the reasons that follow, we affirm.

AEMC is a non-profit cooperative that is sole provider of electricity to property owners in a 10-county area of northern Georgia. Boston Creek is a partnership that owns a large parcel of mostly undeveloped land in the AEMC service area. The land was historically occupied by a cabin, and in 1979 the prior owner of the land executed a blanket easement in favor of AEMC that he understood to authorize a single electric service distribution line that he requested. AEMC sought the easement pursuant to its bylaws which required each member requesting service to execute a blanket easement over the member’s entire property. The original distribution line remained in place inside a 30-foot-wide clear cut without substantial change until 2008.

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