Camp Cherokee Inc. v. Marina Lane LLC

A factual question remained as to whether the defendants acted knowingly, wilfully, and in bad faith in erecting and maintaining a dock on plaintiff's property.

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Camp Cherokee, Inc. filed this suit for nuisance and trespass against Marina Lane, LLC, Clara Ruth Brooks, and Jerry Kyle collectively “Marina Lane” after Marina Lane built a dock on Camp Cherokee’s property at Lake Burton in Rabun County, Georgia. The case was referred to an auditor pursuant to OCGA § 9-7-1 et seq. Following an evidentiary hearing, the auditor issued a report with findings in favor of Marina Lane. Camp Cherokee filed its exceptions to the auditor’s report pursuant to OCGA § 9-7-14 a. The trial court reversed the auditor’s conclusion that Marina Lane had a right to erect the dock. The trial court ruled as a matter of law that the erection of the dock on Camp Cherokee’s property constituted a nuisance and trespass; ordered that the dock be removed; and, found that the issue of damages would be submitted to the jury. Although the trial court initially ruled that Camp Cherokee was also entitled to attorney fees under OCGA § 13-6-11 and punitive damages under OCGA § 51-12-5.1 b, it later reconsidered its ruling and dismissed those claims.

We granted the parties’ respective applications for interlocutory appeal to review the trial court’s rulings. In Case No. A12A0545, Camp Cherokee contends that the trial court erred in dismissing its claims for attorney fees and punitive damages. In Case No. A12A0546, Marina Lane contends that the trial court erred in setting aside the auditor’s finding that they had a legal right to erect and maintain the dock; erred in ruling that the auditor’s report could not be submitted to the jury; and erred in ruling that Camp Cherokee would be allowed to present new evidence to the jury as to its damages. For the reasons that follow, we affirm the trial court’s rulings in Case No. A12A0546. However, we conclude that there was some evidence that would authorize an award of attorney fees and punitive damages; therefore, we reverse the trial court’s dismissal of those claims in Case No. A12A0545.

Camp Cherokee Inc. v. Marina Lane LLC

A factual question remained as to whether the defendants acted knowingly, wilfully, and in bad faith in erecting and maintaining a dock on plaintiff's property.

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