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  • Henry County v. Tim Jones Properties

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Wade M. Crumbley Crumbley & Crumbley, McDonough, for appellant.
    for defendant: . G. Douglas Dillard and Andrea C. Jones Dillard & Galloway LLC, Atlanta, for appellees. Amicus Appellees: David H. Flint, Mark W. Forsling Schreeder, Wheeler & Flint LLP, Harold G. Clarke, Charles F. Palmer, David C. Kirk Troutman Sanders LLP, Richard W. Wilson Jr., James S. Teague Jr. Wilson, Brock & Irby LLC, Atlanta, Michele LeFaivre National Assoc. of Home Builders, Washington, D.C.
    Case Number: S00A1200

    County board of commissioners' arbitrary rezoning of property which made it impossible for a real estate company to build cluster homes amounted to an unconstitutional t

  • Brown v. Estate of Walter Brown Sr.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert R. Cook Hendrix Law Firm PC, Richmond Hill, for appellant.
    for defendant: Mills L. Morrison and Robert A. Lewallen Jr. Hunter, Maclean, Exley & Dunn PC, Savannah, for appellee.
    Case Number: A00A1213

    The 76-year-old widow was not bound by her ele to take property under her husband's will because there was no evidence that she knew she was entitled to a year's support when she made the ele

  • Garden Hills Civic Assoc. Inc. v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin and Mary C. Cooney, Atlanta, for appellant.
    for defendant: . David D. Blum City of Atlanta Law Dep't, Carl E. Westmoreland Jr. Powell, Goldstein, Frazer & Murphy LLP, Charles N. Pursley Jr., Christian F. Torgrimson Pursley, Howell, Lowery & Meeks LLC, Atlanta, and Thomas A. Bowman Maddox, Nix, Bowman & Zoeckler, Conyers, for appellees. Amicus Appellant: Matthew D. Gansereit Allen, Kopet & Boyd PLLC, Atlanta.
    Case Number: S01A0069

    Civic association's motion for an interlocutory injunction to prevent MARTA from implementing a land development agreement is d

  • In re Bell

    Publication Date: 2000-12-08
    Practice Area:
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    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S00Y0402

    Attorney disbarred for converting real estate escrow funds to his personal use in violation of Standards 3, 4, 44, 45, 61, 63 and 65 of Bar Rule 4-

  • Hensley v. Henry

    Publication Date: 2000-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph E. Willard Jr., Rossville, for appellant.
    for defendant: . Michael J. Tuck, Chatsworth, and L. Stephen Kelehear Bates, Kelehear & Starr, Dalton, for appellee.
    Case Number: A00A1241

    The trial court properly amended the judgment based on juror testimony that was consistent with the language of the ve

  • Valley Place Ltd. v. T. I. Equity Fund 1995 LP

    Publication Date: 2000-11-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1363, A00A1364

    Incapacitation of seller's general partner did not constitute an act of God that would relieve seller of its obligation under a real estate sales contract to obtain rezoning for the property in que

  • Hadlock v. Anderson

    Publication Date: 2000-11-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A99A2489

    There was sufficient evidence for the jury to find that defendant transferred his property to his wife with the intent to defraud future creditors and defeat contemplated

  • BMH Real Estate Partnership v. Montgomery

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard C. Sutton, Tallapoosa, for appellant.
    for defendant: Robert N. Farrar, Rome, for appellees.
    Case Number: A00A1337

    Plaintiff could not allow defendants to adapt their private right of way on an old onto a new for 10 years and then deny defendants access to the new

  • Felker v. Chipley

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert B. Adams Little, Adams, Bates & Kelehear PC, Dalton, for appellant.
    for defendant: Warren N. Coppedge Jr. Coppedge & Leman PC, Dalton, for appellees.
    Case Number: A00A0887

    Plaintiffs' accountant erred in using the 16.37 percent rate of return for partnership money defendant converted and invested to calculate the plaintiffs' damages for converted money defendant did n

  • Herren v. Pettengill

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Robert M. Dyer, Canton, for appellant.
    for defendant: Claude S. Beck, Blairsville, for appellee.
    Case Number: S00A0798

    Owner of servient e could not relocate an easement without the consent of the owner of the dominant e