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Robinson v. Gwinnett County

The appellants, as holders of a right of first refusal to purchase the property, had no present compensable property interest.

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This is an appeal by the holders of a right of first refusal from an order of the Superior Court of Gwinnett County ruling adversely on their claims for compensation stemming from Gwinnett County’s condemnation of a portion of the real property subject to the right of first refusal. Finding that the right of first refusal in this case is not compensable under the 1983 Georgia Constitution, Art. I, Sec. III, Par. I,1 we affirm the judgment of the superior court.

On June 18, 2002, TGJR Holdings, LLC, Lilburn Developers, Inc., Tim Robinson, Ty Robinson, April Queen, and Amanda Smith, collectively “Holders” purchased from Brenda Ruth Pruitt Griffin “Griffin”, as executrix under the will of Ruth W. Pruitt, a 70-acre tract in Gwinnett County. As part of the consideration for the purchase, Griffin was to grant Holders a right of first refusal “refusal right” to acquire an approximately 74-acre tract “Property” located across the road. Consequently, also on June 18, 2002, Griffin and Holders entered into a “Right of First Refusal Agreement” “Agreement”.2 The Agreement provided, inter alia, that the refusal right would “run with the land” and be binding upon Griffin and her successors and assigns; it was to be in force for 20 years, to June 18, 2022. The Agreement stated that if, during that 20-year period, Griffin desired to sell all or any portion of the Property, and she “obtained a duly executed, valid and binding offer in writing from a prospective purchaser other than Holders to purchase all or a portion of the Property,” she was to give written notice of such offer to Holders, and they had the right to purchase the

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