Peaches Land Trust v. Lumpkin County Sch. Bd.

Peaches Land Trust and its trustee, Tom Jarrard, collectively, “the Trust” sued the Lumpkin County School Board “the School Board” for breach of a real estate sales contract or, alternatively, specific performance of the contract. The School Board subsequently moved for summary judgment on all claims. The trial court granted the motion, and the Trust appeals. For reasons that follow, we affirm in part and reverse in part. Summary judgment is proper when no issues of material fact remain and the movant is entitled to judgment as a matter of law.1 We review the trial court’s grant of summary judgment de novo, construing the evidence in the light most favorable to the non-moving party.2

So viewed, the record shows that Lowell Dunn and his wife are the beneficiaries of the Trust, which was created to acquire real property at the direction of and within parameters provided by Dunn. In 2004, Dunn saw a “for sale” sign on property owned by the School Board and instructed trustee Tom Jarrard to purchase it. Dunn did not walk the property or ask to see it, and Jarrard never viewed it.