Kaplan v. City of Sandy Springs

The evidence did not show that the county expressly accepted the dedication of the 36-inch drainage pipe under the plaintiffs' driveway when it approved the revised final plat of the plaintiffs' subdivision.

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This is a companion case to City of Sandy Springs v. Kaplan , 286 Ga. 160 686 SE2d 115 2009. In that case, the city sought, and this Court granted, interlocutory review of an order denying the city’s motion for summary judgment. We affirmed the denial of the city’s summary judgment motion, but remanded for further consideration and clarification of the trial court’s order. In this case, Fulton County filed a motion for summary judgment which the trial court granted. On appeal, the Kaplans enumerate error upon the grant of summary judgment to the county. Ronnie and Richard Kaplan filed suit against Fulton County, the City of Sandy Springs and the Fulton County School District “FCSD”, seeking, inter alia, a mandamus to order defendants to repair a 36-inch drainage pipe under their driveway, as well as damages stemming from defendants’ failure to repair the pipe. The pipe was installed at the time of construction of the Kaplans’ subdivision in 1980. It is part of a storm drainage easement described on the final plat of the subdivision.

The final plat contains the following language: Owner of land shown on this plat . . . acknowledges that this plat was made from an actual survey and dedicates to the use of the public forever, all streets, parks, drains, easements and public grounds thereon shown, which comprise a total of 0.66 acres, for purposes of street right of way. Although the 36-inch drainage pipe does not appear on the final plat, it does appear on a revised final plat which was recorded and approved by the county in 1981. At that time, the county’s subdivision regulations provided that after a one-year period in which the owner of a subdivision was responsible for maintaining storm drainage facilities, “maintenance responsibility will revert to the county. Properly executed and recorded easements shall be provided for this purpose prior to the recording of the final plat.” No easements were executed or recorded with regard to the Kaplans’ subdivision.

Kaplan v. City of Sandy Springs

The evidence did not show that the county expressly accepted the dedication of the 36-inch drainage pipe under the plaintiffs' driveway when it approved the revised final plat of the plaintiffs' subdivision.

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