Moses v. Traton Corp.

The plaintiff lacked standing to maintain a trespass action regarding a public right of way between his lot and the street.

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In a trespass action brought by Christopher Moses against builder Traton Corporation and an employee, Moses appeals the denial of his motion for summary judgment and the grant of defendants’ cross motion for summary judgment, contending that the trial court erred in ruling that Moses lacked standing. We disagree and affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .1 So viewed, the record shows that in May 2004, Moses bought a house from Traton, which developed Moses’s subdivision according to a recorded plat establishing Moses’s and other owners’ property boundaries and public rights of way. After Moses’s house was built, but before final subdivision construction was completed, Traton’s or its agents’ construction vehicles drove over a portion of the grass near the curb in front of Moses’s house, creating ruts and other damage to the turf and soil. It is undisputed that the portion of grass over which the trucks drove is located outside of Moses’s lot and entirely within a public right of way owned by Cobb County, as shown by the controlling plat attached to Moses’s deed.

Moses brought the damage to Traton’s attention, and although Traton initially repaired some damage, Moses was unable to persuade Traton to fix subsequent damage done to the grass. Moses then filed a trespass action against Traton and a Traton employee and moved for summary judgment; defendants filed a cross-motion for summary judgment. Ruling that Moses had no standing, the trial court denied Moses’s motion for summary judgment and granted summary judgment to defendants. Moses now appeals.

Moses v. Traton Corp.

The plaintiff lacked standing to maintain a trespass action regarding a public right of way between his lot and the street.

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