Dillon v. Reid

The trial court did not abuse its discretion in granting the plaintiff an interlocutory injunction, since the evidence showed that the plaintiff's deadline for applying for a dock permit was less than 10 days after the injunction hearing and the plaintiff could not obtain a permit if defendants' dock remained in its current location, which was not the approved location.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Danny L. Reid and his neighbors, Michael W. and Jennifer T. Dillon, own property abutting Lake Lanier. Reid sued the Dillons claiming that they were in breach of an agreement, made for the express and direct benefit of Reid, to place their floating dock 132 feet away from a certain existing dock the “Lot 10 dock”. Reid claimed that the Dillons had moved their floating dock so close to the Lot 10 dock that Reid could not receive a permit from the Army Corps of Engineers the “Corps” to place his own dock between the Dillons’ dock and the Lot 10 dock. Following a hearing, the trial court granted Reid’s motion for an interlocutory injunction and ordered the Dillons to move their dock so that it was no closer than 132 feet from the Lot 10 dock, consistent with the terms of the agreement. The Dillons appeal, and we affirm because the trial court did not abuse its discretion in balancing the equities and granting the injunction, thereby preserving Reid’s opportunity to apply for a dock permit before the deadline for doing so expired. The evidence shows that on July 7, 2003, the Dillons entered into a Lot/Land Purchase and Sales Agreement with Bill Barnett, manager of Ivy Shaw, LLC. Under the terms of the Sale Agreement, the Dillons agreed to buy Lot 2 of the Ivy Shaw Landing subdivision in Forsyth County. Lot 2 included a fee simple “walking path” to Lake Lanier intended to provide access to the water and to qualify the property for a boat dock.

The Sale Agreement was subject to several special stipulations, including that it was contingent upon verbal approval of the Corps for placement of a 32 foot by 32 foot double slip boat dock. Barnett and the Dillons met with a Corps ranger at the proposed dock site before closing. The ranger verbally approved the dock location, which she marked by tying a ribbon around a tree near the shore line.

Dillon v. Reid

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report