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  • Patricia Ann Kitchens et al. v. Lincoln County

    Publication Date: 2023-08-04
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Jimmy Plunkett, (Jimmy D. Plunkett PC), Thomson, for appellant.
    for defendant: Benjamin Jackson, Lincolnton, for appellee.
    Case Number: A23A0193

    Court reverses holding that a property owner's injunction action against a County was barred by sovereign immunity and remands for consideration of the merits

  • United Sciences, LLC et al. v. Kellett et al.

    Publication Date: 2023-08-02
    Practice Area: Business Torts | Civil Procedure | Corporate Governance
    Industry: Biotechnology
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Simon Bloom, (Bloom Parham, LLP), Atlanta, Jonathan Palmer, Nicholas Sears, (Knight Palmer, LLC) Atlanta, for appellant.
    for defendant: Samuel Rutherford, Steven Collins, Gavin Reinke, Bryan Lutz, (Alston & Bird LLP), Atlanta, Blake Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, Andrew Gibson, Daniel Hendrix, (The Finley Law Firm PC), Atlanta, Keith Kodosky, Ronald Masterson, Andrew Eaton, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Samuel Kellett, Artoush Ohanian, Atlanta, for appellee; Wess Sharpe, Richmond Hill, for other party.
    Case Number: A21A1060

    Tortious Interference Claims Against Defendants' Attorneys Properly Dismissed Under Stranger Doctrine

  • Berlin et al. v. City of Atlanta et al.

    Publication Date: 2023-08-01
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Daughdrill, (Giacoma, Roberts & Daughdrill, LLC), Atlanta, for appellant.
    for defendant: Linda Dunlavy, (Dunlavy Law Group, LLC), Decatur, Jonathan Futrell, Michael Wynter, Joshua Foster, (City of Atlanta Department of Law), Atlanta, for appellee.
    Case Number: A23A0370

    Court vacates summary judgment order in favor of the City on a zoning redevelopment matter because superior court failed to consider substantive issues

  • 110 Hampton Point, LLC v. Ross

    Publication Date: 2023-07-27
    Practice Area: Contractual Disputes | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellant.
    for defendant: Jason Tate, (Roberts Tate, LLC), Saint Simons Island, for appellee.
    Case Number: A23A0471

    Home Seller Failed to Establish That Buyer Would Not Be Able to Support Claim of Fraudulent Failure to Disclose Defects

  • Joe and James Properties, LLC v. City of Atlanta

    Publication Date: 2023-07-26
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bain, John Connolly, (Flint, Connolly & Walker, LLP), Canton, for appellant.
    for defendant: Ronald Freeman, (Johnson & Freeman, LLC), Union City, Janise Miller, (Attorney at Law), Atlanta, Bobby Hill, (The Law Office of Bobby E. Hill, Jr. LLC), Atlanta, for appellee.
    Case Number: A23A0304

    City's Failure to Provide Appraisal to Property Owner Prior to Acquiring Property Was Harmless Violation of Eminent Domain Statute

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Efficiency Lodge, Inc. v. Neason, et al.

    Publication Date: 2023-07-20
    Practice Area: Contractual Disputes | Landlord Tenant Law | Real Estate
    Industry: Hospitality and Lodging | Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Roy E. Barnes, (The Barnes Law Group, LLC), Marietta, for appellant.
    for defendant: Charles R. Bliss, Elizabeth Ann Guerrant, Lindsey Meredith Siegel, Rachel Miller Lazarus, (Atlanta Legal Aid Society, Inc.), Decatur, Harold T. Daniel, Jr., (Harold Daniel Law LLC), Atlanta, David Alfred Webster, (Attorney at Law), Atlanta, for appellee; Miriam Fisher Gutman, Jamie B.J. Rush, (Southern Poverty Law Center), Decatur, for Amicus Appellee.
    Case Number: S22G0838

    Remand Necessary to Determine Whether Renters in Extended-Stay Motel Had Landlord-Tenant Relationship With Motel

  • Premier Residential SE, LLC et al. v. Silverstone Residential, LLC et al.

    Publication Date: 2023-07-20
    Practice Area: Business Torts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Bryan Busch, Laura Mirmelli, (Busch, Slipakoff, Mills & Slomka, LLC), Atlanta, Tom Pye, (Attorney at Law), Norcross, for appellant.
    for defendant: Katherine Silverman, Lea Dearing, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
    Case Number: A23A0280

    Court affirms in part and reverses in part several aspects of a jury verdict in a complex dispute between former business partners

  • Smartt v. Eldridge

    Publication Date: 2023-07-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, for appellant.
    for defendant: David Lockhart, (Bradford & Lockhart, P.C.), LaFayette, Benjamin Bradford, (Benjamin T. Bradford, P.C.), LaFayette, for appellee; Christopher Carr, Keilani Parker, (Attorney General), Atlanta, Ryan Marks, Madison, for other party.
    Case Number: A23A0628

    Court affirms summary judgment in favor of acquirer of fee simple title in surplus property over adjacent property owner's claim that he should have received notice of sale

  • City of Tucker v. City of Clarkston et al.

    Publication Date: 2023-07-13
    Practice Area: Civil Procedure | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mark Ford, (Ford Legal, P.C.), Atlanta, for appellant.
    for defendant: Suzanne Osborne, (Department of Law), Atlanta, Stephen Quinn, (Wilson, Morton & Downs), Decatur, Curtis Romig, (Bryan Cave, LLP), Atlanta, Emily Macheski-Preston, (Coleman Talley LLP), Atlanta, Robert Ashe, Kevin Arocha, (Bryan Cave Leighton Paisner LLP), Atlanta, for appellee.
    Case Number: A23A0511

    Claim Against City For Illegal Annexation Became Moot After Portion of Annexed Land Was De-Annexed

  • Kudzu Capital, LLC v. City of Decatur

    Publication Date: 2023-07-10
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Scott Peters, (Schreeder, Wheeler & Flint), Atlanta, for appellant.
    for defendant: Luther Beck, John Zwald, (Beck, Zwald & Associates, LLC), Buford, Bryan Downs, (Wilson Morton & Downs, LLC), Decatur, for appellee.
    Case Number: A23A0374

    Court affirms a final judgment in a condemnation case over property owner's arguments over admission of certain testimony and exclusion of other evidence