Congress Street Properties LLC v. Garibaldi's Inc.

The restaurant acquired through adverse possession the right to use certain airspace occupied by a ventilation system encroaching onto neighboring property.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This is an appeal from an order granting summary judgment to Garibaldi’s, Inc. on its complaint for declaratory judgment. The trial court concluded that Garibaldi’s acquired through adverse possession the right to use certain airspace occupied by a ventilation system encroaching onto neighboring property owned by Congress Street Properties, LLC. Congress Street argues that 1 Garibaldi’s failed to present evidence sufficient to establish a claim of adverse possession, and 2 the trial court improperly shifted to Congress Street the burden of proving that Garibaldi’s use of the property was permissive. For the reasons discussed infra , we affirm. The pertinent facts before us are undisputed. Garibaldi’s and Congress Street own adjacent property lots in Savannah, Georgia. Garibaldi’s acquired its property in 1979 and undertook a major renovation of the existing building in order to make it suitable for restaurant use. This extensive renovation included the construction of a ventilation system on the outside of the west wall of the building, which encroaches onto the airspace above the adjoining property, then owned by Lorraine Lumbar and Baldwin Kahn. In March 1980, the renovation was complete and Garibaldi’s began operating as Garibaldi’s Cafe. The ventilation system has been in place and Garibaldi’s Cafe has been in operation since that time.

Congress Street purchased the property adjacent to Garibaldi’s from Lumbar and Kahn in August 2002. Prior to the closing, the chief financial officer “CFO” of Garibaldi’s received a request through an attorney for Lumbar and Kahn that Garibaldi’s sign a document acknowledging that the ventilation system encroached onto the neighboring property and agreeing to remove it if requested to do so. Garbaldi’s declined this request.

Congress Street Properties LLC v. Garibaldi's Inc.

The restaurant acquired through adverse possession the right to use certain airspace occupied by a ventilation system encroaching onto neighboring property.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report