Tower Projects, LLC, as lessee, and Marquis Tower, Inc., as lessor, entered into a Lease for the “footprint of the advertising display to be constructed by Tower Projects on the roof” of a structure owned by Marquis. Pursuant to the Lease, Tower Projects constructed a billboard on the premises. On September 24, 2002, Marquis notified Tower Projects that the billboard was interfering with the cellular antennae located on the roof, and Tower Projects had 15 days after receipt of the notice to correct the interference or the Lease would be cancelled. On October 9, 2002, Marquis notified Tower Projects of its intention to terminate the Lease at midnight and demanded possession of the premises. On October 11, 2002, Tower Projects filed a petition against Marquis and Southern Communication Services, Inc. d/b/a Southern Linc, the cellular antennae operator, for declaratory judgment, temporary and permanent injunctive relief, and damages for breach of contract. In its petition, Tower Projects contended that it was not in default under the Lease, and that there was an actual and justiciable controversy between Tower Projects and Marquis as to whether the Lease remained in full force and effect. Marquis counterclaimed for damages and a writ of possession. The trial court subsequently granted partial summary judgment to Marquis on Tower Projects’ claims for temporary and permanent injunctive relief and breach of contract. The trial court also granted summary judgment to Marquis on its claim for a writ of possession. On appeal, Tower Projects claims that the trial court erred in ruling there was no genuine issue of material fact as to i whether Marquis’ termination of the Lease was valid and ii whether Tower Projects had been unreasonably prevented from curing its alleged default under the Lease. For reasons which follow, we disagree and affirm.
To prevail on a motion for summary judgment, the moving party must demonstrate that there is no genuine issue of material fact, and that the undisputed facts, viewed in a light most favorable to the party opposing the motion, warrant judgment as a matter of law. OCGA § 9-11-56 c; Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. A defendant carries this burden by demonstrating the absence of evidence as to one essential element of the plaintiff’s case. Should the defendant do so, the plaintiff “cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue.” Id. Our review is de novo. Walker v. Virtual Packaging , 229 Ga. App. 124 493 SE2d 551 1997.
