• Harris v. Distinctive Builders Inc.

    Publication Date: 2001-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas C. Harney Kilpatrick Stockton LLP, Michael T. Carithers Love, Willingham, Peters, Gilleland & Monyak, Atlanta, for Harris. Craig A. Gillen Gillen, Cromwell, Withers & Brantley, Atlanta, for Dolive. Adam M. Gleklen and Michael Weinstock Weinstock & Scavo PC, Atlanta, for Distinctive Builders.
    for defendant:

    Case Number: A01A0665; A01A0666

    The parties did not enter into an enforceable real estate sales contract involving trust property because plaintiff's offer was conditioned on obtaining the co-trustee's signature and the co-truste

  • Board of Natural Resources of the State of Ga. v. Georgia Emissions Testing Co.

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Isaac Byrd, Diane L. Deshazo and Timothy J. Ritzka, Assistant Attorneys General, Atlanta, for Natural Resources of the State of Ga. James D. Dantzler Jr., John P. Hutchins and Jill C. Kuhn Long Aldridge & Norman LLP, Atlanta, for Georgia Emission Testing Co.
    for defendant:

    Case Number: A01A0710; A01A0711

    Georgia's Motor Vehicle Emission Inspection and Maintenance Act does not prohibit the Board of Natural Resources from issuing rules prohibiting the use of mobile facilities to test the general p

  • American Global Dev. Group Inc. v. Sasser & Weatherford Inc.

    Publication Date: 2001-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard K. O'Donnell Menden & O'Donnell, Roswell, and G. Brian Raley The Raley Law Firm, Atlanta, for appellant.
    for defendant: . Donna W. Howell James S. S. Howell Law Offices, and Dennis K. Calhoun, Atlanta, for appellee.

    Case Number: A01A0007

    A separate created by the defendant to purchase property and build a hotel was entitled to a directed verdict in the plaintiff's suit for breach of a real estate contract because the separate

  • Ramsbottom Co. v. Bass/Zebulon Rds. Neighborhood Assn.

    Publication Date: 2001-05-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: J. Wayne Crowley Bush, Crowley, Leverett & Leggett LLP, Macon, for Ramsbottom Co. O. Hale Almand Jr. Almand & Wiggins, Macon, for Macon-Bibb County Planning & Zoning Comm'n. L. Robert Lovett Lovett, Cowart & Ayerbe LLC, Macon, for Bass/Zebulon Roads Neighborhood Ass'n.
    for defendant:

    Case Number: S01A0108; S01A0111

    The Fourteenth Amendment's one person/one vote principle does not apply to the governing structure of an appointed commi

  • Preferred Real Estate Equitites Inc. v. Housing Sys. Inc.

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Hayes M. Dever and Michael F. O'Neill Erck, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: David H. Flint, Timothy C. Batten and Kevin T. Caiaccio Schreeder, Wheeler & Flint LLP, Atlanta, for appellee.

    Case Number: A00A2301

    Notice to the owner of an easement to pay taxes within 60 days or forfeit the easement was insufficient where the notice was not sent by the owner of the burdened pro

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    Real Estate Financing

    Authors: Brook Boyd

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  • Eastside Gardens of Snellville LLC v. Sims

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory J. Digel, Rachel C. Boring and Laurie W. Daniel Holland & Knight, Atlanta, for appellant.
    for defendant: John E. Stell Jr. Russell, Stell, Smith & McLocklin PC, Winder, Christopher R. Stovall and Gerald Davidson Jr. Anderson, Davidson & Tate, Lawrenceville, for appellee.

    Case Number: A01A0456

    The trial court properly ruled that the grantee of a right of first refusal to buy the plaintiff's property had only one opportunity to exercise that right with regard to a third party's written off

  • Holmes v. Achor Ctr. Inc.

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Kenneth R. Holmes, Lithonia, proceeded pro se. Milton B. Satcher Jennings, Sparwath & Satcher, Marietta, for appellee.
    for defendant:

    Case Number: A00A2500

    Plaintiff's suit for malicious prosecution raised jury ques as to whether his arrests for simple assault, aggravated stalking and criminal trespass were based on false accusa

  • Keller v. Henderson

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William F. Brogdon, Snellville, for appellant.
    for defendant: . Calvin M. McMullen, Sparta, for appellees.

    Case Number: A00A1779

    Sellers were not liable for failing to disclose the existence of a septic tank because there was no evidence that they represented to the buyers that the property was connected to the city

  • Metzler v. Rowell

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jack N. Sibley and Carl H. Anderson Jr. Hawkins & Parnell, Atlanta, for appellant.
    for defendant: Donald D. J. Stack, Martin A. Shelton Stack and Assocs. PC, Judy F. Aust, Ernest R. Bennett Jr. Goodman, McGuffey, Aust & Lindsey and Michael W. Broadbear, Atlanta, for appellees. Other party representation: David D. Blum City of Atlanta Law Dept..

    Case Number: A00A2127

    The Anti-SLAPP Act protected defendants from plaintiff's suit for tortious interference because they had a legitimate concern about plaintiff's attempt to rezone his pro

  • CIBA Vision Corp. v. Jackson

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Edward K. Smith and Paul G. Willaims Smith, Gambrell & Russell LLP, Atlanta, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Warren R Calvert and Daniel M. Formby, Senior Assistant Attorneys General, Atlanta, for appellee.

    Case Number: A00A2123

    Free samples of contact lenses given to eye-care professionals are subject to taxation under O.C.G.A. § 48