Cochran v. Mullinax

In this case arising out of a dispute between adjoining landowners, plaintiff Douglas Cochran appeals the trial court’s grant of a directed verdict in favor of defendant Phillip Mullinax. We agree with the trial court that Cochran failed to plead or prove his allegations, and we affirm. At trial, the testimony showed that for 14 years, Phillip Mullinax ran a poultry farm consisting of eight chicken houses on 20 acres on Oak Grove Road in Lumpkin County. Douglas Cochran, a trenching and excavating contractor, is also a residential developer and builder. He purchased a parcel of land next to Mullinax’s farm, planning to build three speculative houses on it. These were the first such houses he had ever built. According to Cochran, because of septic tank issues the county required that he build the houses very close to the property line abutting Mullinax’s chicken farm.

After grading began, Mullinax spoke to Cochran and objected to the construction of the homes so close to the property line. He testified that he was concerned about animals, especially “exotic birds”, contaminating his chickens. He also testified that he was concerned about the eventual homeowners complaining about living so close to a chicken farm. In any event, as the first two houses were being framed Cochran discovered that Mullinax had posted a large sign on his property line. Photographs of the sign were introduced into evidence. It read: