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DBL Inc. v. Carson

The defendant obtained a water bottom lease in violation of the Coastal Marshlands Protection act, since his lease to upland property did not provide the required written permission of the upland owner for the leasing of its adjacent water bottom.

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This is the second appearance of the suit involving DBL, Inc. and the members of the Carson family plaintiffs below in this Court. In DBL, Inc. v. Carson , 262 Ga. App. 252 585 SE2d 87 2003, we reversed the trial court’s order enjoining DBL’s use of docks fronting the plaintiffs’1 property pending resolution of the plaintiffs’ claims for declaratory relief, breach of contract, and trespass. We also affirmed the trial court’s order denying DBL’s motion to dismiss the complaint. Following remand to the trial court, the State of Georgia, through Noel Holcomb, in his capacity as Commissioner of the Department of Natural Resources and chairman of the Coastal Marshlands Protection Committee CMPC, was joined as a party. The trial court then granted the motion for partial summary judgment of Edwin Carson, finding that the water bottom lease to DBL of the area in front of the plaintiffs’ property was illegally granted by the CMPC.2 DBL appeals in Case No. A06A1726 and the State appeals in Case No. A06A1727. The two appeals have been consolidated for our consideration.

Carson’s motion for partial summary judgment on his claim for declaratory relief was based on his contention that, as a matter of law, “DBL is no longer eligible under the Coastal Marshlands Protection Act to have the marina water bottoms lease and the lease should be terminated as a matter of law.”3

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