• Chatham, et al. v. Gardner Excavating, Inc., et al.

    Publication Date: 2020-03-20
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Hylton Dupree, Jeffrey Reilly, (Dupree & Kimbrough, LLP), Marietta, for appellant.
    for defendant: Paul Fields, Crighton Allen, (Fields Howell Athans & McLaughlin, LLP), Atlanta, for appellee.

    Case Number: A19A1864

    Trial court's striking of responsive pleadings was an appropriate sanction for appellant's willful contempt of trial court's payment orders.

  • Columbia Brookhaven, LLC v. DeKalb County Board of Tax Assessors

    Publication Date: 2020-03-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm, LLC), Atlanta, for appellant.
    for defendant: Bennett Bryan, Terri Gordon, Matthew Welch, (DeKalb County Law Department), Decatur, for appellee.

    Case Number: A19A1815

    Significant Increase In Sales Price of Similar Properties Did Not Justify Upward Reassessment of Property Value

  • Rouse v. City of Atlanta

    Publication Date: 2020-03-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Blum, (Blum & Campbell, LLC), Peachtree Corners, for appellant.
    for defendant: Jason Wright, Donavan Eason, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.

    Case Number: A19A1737

    Court reverses summary judgment motion that had been entered in the City's favor on a land devaluation claim over a submerged sewage pipe.

  • Floyd et al. v. Chapman

    Publication Date: 2020-02-06
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Joseph Murphy, (Kimmey & Murphy, P.C), Atlanta, appellant.
    for defendant: William Hardman, (William S. Hardman, P.C.), Gainesville, for appellee.

    Case Number: A19A2137

    Trial Court Erred in Ordering Property Owners to Remove Utility Lines or Obtain an Easement to Keep Them in Place

  • Georgia Carry.Org, Inc. et al. v. The Atlanta Botanical Garden, Inc.

    Publication Date: 2020-01-27
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Monroe, (Attorney at Law), Dawsonville, for appellant.
    for defendant: Michael Brown, (Alston & Bird, LLP), Atlanta, for appellee. Henry Chalmers, Andrew Stevens, (Arnall Golden Gregory), Atlanta, Peter Canfield, Brian Lea, (Jones Day), Atlanta, for AM.

    Case Number: A17A1639

    Private entity's ability to ban firearms on its premises depends on the nature of its leasehold estate in those premises as defined in the terms of the lease.

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  • Dekalb County Board of Tax Assessors v. CWS SGARR Brookhaven, LLC

    Publication Date: 2019-12-18
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Bennett Bryan, Laura Johnson, John Jones, (DeKalb County Law Department), Decatur, for appellant.
    for defendant: Lindsey Hillis, Delia Williams-Carroll, (The Hillis Firm, LLC), Atlanta, for appellee.

    Case Number: A19A1541

    Changes in Market Conditions, General Rise in Value of Real Estate in a Certain Neighborhood Are Not Discernable from an On-Site Inspection

  • J. Michael Vince, LLC v. Suntrust Bank

    Publication Date: 2019-12-13
    Practice Area: Attorney Compensation | Civil Procedure | Real Estate
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Cameron McCord, Tyler Henderson, (Jones & Walden, LLC), Atlanta, for appellant.
    for defendant: Gregory Crochet, (Kutak Rock LLP), Atlanta, for appellee.

    Case Number: A19A1347

    Trial Court Erred in Awarding Attorney Fees After Finding Party in Criminal Contempt

  • B.C. Grand, LLC v. FIG, LLC et al.

    Publication Date: 2019-12-10
    Practice Area: Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mario Williams, (Nexus Derechos Humanos Attorneys, Inc.), Atlanta, Julie Oinonen, (Williams Oinonen, LLC), Atlanta, David Betts, (Betts and Associates), Atlanta, for appellant.
    for defendant: Jason Beach, Lawrence Bracken, Daniel Millman, (Hunton Andrews Kurth LLP), Atlanta, Alice McQuade, Gala Villhoz, (The McDeer Firm), Atlanta, John Ramsey, (Attorney at Law), Atlanta, for appellee.

    Case Number: A19A1297

    Property owner's complaint was dismissed because it failed to plead as a matter of law that certain tax executions were not validly issued or cancelled by tax commissioner.

  • Chisolm v. Danforth, LLC

    Publication Date: 2019-12-06
    Practice Area: Contractual Disputes | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Tuneen Chisolm, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Cook, Karen Smiley, (Hanks Brookes, LLC), Atlanta, for appellee. Delroy Walters, Janai Walters, Fairburn, for other party.

    Case Number: A19A1438

    Security and Foreclosure Deeds Did Not Authorize Successor Development Owner to Appoint Homeowner Association Directors or Impose Assessments

  • Troup County, Georgia v. Mako Development, LLC

    Publication Date: 2019-11-13
    Practice Area: Damages | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Thomas Fitzgerald, (Hulsey, Oliver & Mahar), Gainesville, for appellant.
    for defendant: Grant McBride, William White, (Smith, Welch, Webb & White), McDonough, for appellee.

    Case Number: A19A1497

    Claimed Easement of Airspace, Combined With Access Rights Over All Property, Yields No 'Remainder' of Property to Warrant Consequential Damages