Peck v. Lanier Golf Club

The trial court did not abuse its discretion in denying class certification, because the plaintiff could not establish commonality; however, the trial court erred in dismissing the complaint, since it could proceed as a non-class action.

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This is the second appearance of this case before our Court. Michael D. Peck has filed this lawsuit on behalf of himself and all homeowners with lots adjacent to the Lanier Golf Club, Inc. Peck seeks a declaratory judgment that the adjacent lot owners have an irrevocable easement or implied covenant in Lanier’s golf course and an injunction restricting the use of Lanier’s property to “golf course purposes only.” Peck filed a motion for class certification, which the trial court denied. In Case No. A09A0639, we vacated the trial court’s decision and remanded the case for further proceedings because the trial court failed to make the required findings of fact and conclusions of law pursuant to OCGA § 9-11-23, the class action statute. See Peck v. Lanier Golf Club , 298 Ga. App. 555 680 SE2d 595 2009. Following remand, the trial court entered an order that again denied class certification and also dismissed Peck’s complaint. Peck then filed the instant appeal challenging the trial court’s findings and conclusions. Because there was some evidence to support the trial court’s finding that the class did not share common factual issues, the trial court did not abuse its discretion in denying class certification. The trial court’s dismissal of the complaint after ruling on the class certification motion, however, was improper. Accordingly, we affirm in part, and reverse in part.

The record shows that in 1970, the owner of a large tract of rural land in Forsyth County developed an 18-hole golf course. At that time, the golf course was the only development in the area. The golf course became known as the Canongate Golf Club and eventually was conveyed to Lanier Golf Club, which took over operations of the golf course.

Peck v. Lanier Golf Club

The trial court did not abuse its discretion in denying class certification, because the plaintiff could not establish commonality; however, the trial court erred in dismissing the complaint, since it could proceed as a non-class action.

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