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Burke Cnty. v. Askin

The Court vacated and remanded the trial court's order granting the property owner's mandamus action to compel the County to repair and maintain certain roads inasmuch as it granted relief under the incorrect legal standard and was overly broad.

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In case number S12A0649, Burke County, its Board of Commissioners, and various members of the Board, individually and in their official capacities collectively “the County” appeal the superior court’s grant of a writ of mandamus involving the obligation to maintain roads dedicated to the County. In case number S12X0650, Otis F. Askin, Sr., and Tiger, Inc. cross-appeal the failure of the superior court to grant certain other relief that Askin had requested. As to each appeal, we vacate the judgment of the superior court and remand with direction.

The evidence presented before the superior court showed that Pineview Subdivision was established in Burke County in 1954. In 1962, the roads shown on a plat of the subdivision were dedicated by deed to, and accepted by, Burke County, and the Burke County Board of Commissioners passed a resolution to “cut or build roads” in the subdivision; the streets appearing on the subdivision plat are Frances Avenue, Maple Drive, Poplar Drive, Elm Drive, and Sycamore Drive. The deed conveying these streets to Burke County stated that it was made “in consideration of the benefits to the property of the undersigned by the construction and mainteance sic of said roads.” At some point, Maple Drive, Elm Drive, and a portion of Frances Avenue were constructed as unpaved roads; it does not appear that the other roads were constructed, nor can it be established what person or entity constructed the roads that were built.

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