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Parking Deck LLC v. Anvil Corp.

Res judicata did not bar plaintiff's claim that it acquired easement rights in the defendant's parking deck.

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Parking Deck LLC filed a declaratory judgment action against Anvil Corporation, seeking a ruling that Anvil had no easement rights in a parking deck located behind a building Anvil owned. Anvil answered and counterclaimed for a declaratory judgment that it had such an easement. After both parties moved for summary judgment, the trial court denied Parking Deck’s motion, and granted Anvil’s. For the reasons that follow, we affirm.

In 1996, John Marshall Law School purchased two buildings, 1422 and 1430 West Peachtree Street, along with a parking deck located behind the buildings. The two buildings share a common driveway, loading dock, and basement. The school then entered into a purchase agreement to sell Anvil the 1430 building and easement rights in the parking deck property. Anvil alleges that John Marshall delivered the limited warranty deed and promissory notes and Anvil took possession of the building in October 1996. Later in 1997, the school offered the property for sale again, asserting that because the closing was not finalized and the deed was not recorded, it still owned the property. Anvil then sued John Marshall, seeking a declaratory judgment that the sale had been consummated as well as seeking possession of the limited warranty deed that John Marshall had reacquired.

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