Old Peachtree Partners LLC v. Gwinnett County

The county breached a valid and enforceable settlement agreement between the parties by failing to secure the approval of the settlement purchase agreement through a county board of commissioners vote.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In these consolidated appeals, we granted interlocutory review of a trial court order denying cross-motions for summary judgment filed by Gwinnett County, Georgia “the County”, and Old Peachtree Partners, LLC and Gwinnett Community Bank collectively “Old Peachtree”. In Case No. A11A2097, we reverse in part the trial court’s denial of Old Peachtree’s motion for summary judgment, and Case No. A11A2150 is dismissed as moot. “On appeal from the denial of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law.” Citation and punctuation omitted. Hood v. Todd , 287 Ga. 164 695 SE2d 31 2010.

The record reveals that beginning in 2005, the County funded engineering and land acquisition activities for the McGinnis Ferry Road extension. As part of this project, the County sought to acquire a fee simple right of way and easements from property owned by Old Peachtree. In August 2007, Old Peachtree executed an option agreement giving the County an irrevocable option to purchase from Old Peachtree, within 120 days of the date of the option, 1.867 acres of property for right-of-way and permanent easements for $1,100,000. But when Old Peachtree discovered that the County intended to install a forced main sewer across its property after the purchase of the right-of-way, it informed the County in an October 9, 2007 letter, that such action would result in the inverse condemnation Old Peachtree’s remaining 14 acres of property destroying its ability to develop that portion of the property. Old Peachtree stated further that it would not proceed with the closing, unless the County compensated it for the inverse condemnation of the property that would be affected by the forced main sewer.

Old Peachtree Partners LLC v. Gwinnett County

The county breached a valid and enforceable settlement agreement between the parties by failing to secure the approval of the settlement purchase agreement through a county board of commissioners vote.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report