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Lovell v. Hartness

The property between plaintiff's subdivision lot and the golf course could not be developed for residential use.

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The Supreme Court of Georgia transferred this case because the case involves issues of law and not equity on an action for declaratory judgment of what appears to be a case involving title to land; however, the case depends upon the Declaration of Covenants to determine if a one acre parcel “Property” adjacent to Duane Hartness’ residential Lot 20 and between his lot and the fourteenth hole of the golf course is either a Lot or comes under “Golf Course Facilities” within the meaning of the Declaration.

On cross-motions for summary judgment, Hartness and Carlos Lovell submitted the issue of whether the Property was a residential Lot or a part of the Golf Course Facilities under the Declaration of Covenants governing “The Orchard,” a golf course and residential development in Habersham County, which was filed by the developer Orchard Limited Partnership “OLP” on November 21, 1988. The trial court ruled that the Property came under the class of property classified as Golf Course Facilities under the Declaration. We agree and affirm.

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