The question for decision in this case is whether the trial court abused its discretion by enjoining the development of a subdivision. We conclude that, in the absence of transcripts of hearings held below, the injunction must stand. 1. The trial court held hearings in this case on May 4, 2001, March 22, 2002, October 9, 2002, December 17, 2002, and June 3, 2003. Following the last hearing, the trial court entered an order which reads, in pertinent part, as follows: The plaintiff filed a verified complaint, seeking injunctive relief with regard to the attempt by the defendant Columbus-Muscogee County Consolidated Government to issue a permit for, and the attempt by the defendants Turner and Moore to begin construction on a subdivision project known or to be known as Fulton Plantation. A hearing was held . . . on Friday, May 4, 2001 . . . and the court entered a temporary restraining order, pending further investigation by the U. S. Army Corps of Engineers and counsel and experts for the various parties. Thereafter, this court has held several hearings on the matter, and has heard testimony and argument of counsel regarding the matter on several occasions, including March 22, 2002, and October 9, 2002. At the October 9, 2002 hearing, the court concluded that a site visit would be helpful to the court in understanding the facts and issues. On December 17, 2002, the court conducted a site inspection, attended by the undersigned judge . . . and all interested parties and counsel. The court asked questions of and discussed the issues with the various parties in attendance at said site inspection, including the plaintiff John Flournoy, and the defendants Ronnie Turner and Tom Moore, and representatives of the defendant City of Columbus, including representatives of the City Engineering Department and the County Health Department. On June 3, 2003, the court conducted another hearing on the matter, and heard argument of counsel for all parties. Upon consideration of argument of counsel, and all facts and evidence in the record, and upon consideration of information gathered by the court at the site visit, the court has concluded that the temporary injunction . . . should be made permanent, until such time as the defendants present to this court an engineered plan that satisfies the court that appropriate safeguards will be in place to protect the property of plaintiff. It is therefore considered, ordered and adjudged that, pending further order of this court, the defendant Columbus-Muscogee County Consolidated Government is permanently enjoined from issuing any ground disturbance permit, land development permit, or other permits regarding the proposed Fulton Plantation Subdivision. It is further considered, ordered and adjudged that, pending further order of this court, the defendants Turner and Moore are permanently enjoined from undertaking any development or ground disturbance activities on the land that is the subject matter of this action, to wit: the proposed Fulton Plantation Subdivision. The trial court’s order makes it clear that, in formulating the injunction, it relied on evidence and argument presented at a number of proceedings, including the December 17 site inspection; however, we do not have transcripts of all the proceedings. The record does contain transcripts of the hearings held on October 9, 2002, and June 4, 2003. The trial court heard the arguments of counsel at those hearings; but evidence was not presented.
The burden is upon the party asserting error to show error by the record. And where, as here, the alleged error concerns the propriety of injunctive relief, the party asserting error must include transcripts of the evidence and proceedings. In the absence of such transcripts, we presume that the evidence supports the issuance of the injunction. See Kirkendall v. Decker , 271 Ga. 189, 191 516 SE2d 73 1999.
