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Scarborough v. Hunter

The trial court erred in setting aside the county Board of Commissioners' decision to abandon a county road, as it failed to accord proper deference to the Board's decision.

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This case involves a decision by the Stephens County Board of Commissioners the “Board” to abandon a 3,000-foot-long, dead-end county road, known as “Winding Bluff Road” the “Road”, which runs along the side of a mountain and serves no existing homes or businesses. Owners of some undeveloped lots on the Road and others sued the Board, and the trial court set aside the abandonment decision. Based on that ruling, the court issued a writ of mandamus requiring the Board to repair and maintain the Road. The court also ordered the Board to pay attorney fees and later granted summary judgment against the Board on its counterclaims.

As explained below, the trial court failed to accord proper deference to the Board’s decision to abandon Winding Bluff Road. Accordingly, we reverse the order setting aside the Board’s abandonment decision, along with the mandamus and attorney fees award that were predicated on the court’s abandonment ruling. In addition, we vacate the trial court’s summary judgment order and remand the case for further proceedings on the Board’s counterclaims.

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