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Hagemann v. Berkman Wynhaven Assoc.

A sanction against a claimant must be imposed upon a finding that the complaint and verification were filed in violation of the Georgia anti-SLAPP statute, O.C.G.A. § 9-11-11.1.

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Bill Hagemann appeals from the trial court’s denial of his motion for attorney fees under OCGA § 9-11-11.1 in his dispute with Berkman Wynhaven Associates, L. P. “Wynhaven”, following Wynhaven’s voluntary dismissal of its lawsuit. For the reasons that follow, we find that the trial court abused its discretion in failing to award an appropriate sanction to Hagemann and reverse. The facts of this case are heavily disputed by the parties. Nonetheless, it is clear that the dispute involves approximately 18.5 acres of property owed by Wynhaven and located in the City of Marietta the “Wynhaven Property”. The Wynhaven Property is adjacent to approximately 7.5 acres of property owned by Hagemann.

In 2005, Wynhaven entered into a contract to sell the Wynhaven Property to a third-party who, in turn, planned to develop the property. The third-party developer also attempted, although failed, to purchase Hagemann’s property. In accordance with the terms of the sales contract, Wynhaven and the developer submitted an application to the City of Marietta to rezone the Wynhaven Property. Wynhaven alleges that, throughout the time that the rezoning application was pending, Hagemann privately met with and negotiated with the developer, successfully obtaining certain concessions and accommodations from the developer related to the planned redevelopment.

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