Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

WS CE Resort Owner, LLC v. Holland et al.

Court vacates a prior decision and remands for consideration of whether an implied easement to a golf course had been granted based on a plat and deeds

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Miller, Presiding Judge. In WS CE Resort Owner, LLC v. Holland, 360 Ga. App. 720 (860 SE2d 637) (2021), we affirmed the trial court’s denial of WS CE Resort Owner, LLC’s (“CE Owner”) motion for summary judgment and the trial court’s grant of summary judgment to Evelyn McCarthy and Thomas and Connie Holland (“the plaintiffs”), but we reversed the trial court’s order awarding attorney fees to the plaintiffs. Id. at 724-737 (1) – (3). The Supreme Court of Georgia subsequently vacated our decision in WS CE Resort Owner, LLC v. Holland, 315 Ga. 691 (884 SE2d 282) (2023), and left “to the courts below” to determine, under a new framework, “whether the evidence, taken as a whole, demonstrates clear intent to grant an easement in the property in question.” Id. at 706 (2) (d). We therefore vacate our earlier opinion, adopt the Supreme Court of Georgia’s opinion as our own, vacate the judgment of the trial court, and remand the case for further proceedings consistent with the Supreme Court of Georgia’s opinion. Judgment vacated and case remanded with direction. Hodges and Pipkin, JJ., concur.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs