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Crabapple Lake Parc Cmty. Ass'n Inc. v. Circeo

On remand, the trial court must determine whether building a wooden walkway and footbridge over an easement running across the defendants' properties is reasonably necessary to accomplish the purpose of the easement and whether such would cause unreasonable damage to the defendants' properties or unreasonable interference with the defendants' enjoyment of their properties.

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Crabapple Lake Parc Community Association, Inc.1 “Crabapple” or “the association” brought a declaratory judgment action against Louis J. Circeo and Janet G. Lacey—two homeowners in the community—seeking to establish that it is 1 authorized to construct a pathway and a footbridge on an existing easement that runs across the Circeo and Lacey properties and 2 authorized to provide all other property owners in the community access across the easement to the lake and dam located behind the Circeo and Lacey properties. Following cross motions for summary judgment, the trial court denied Crabapple’s motion and granted summary judgment in favor of Circeo and Lacey. Crabapple appeals and we affirm in part and reverse in part.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

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