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Publication Date: 2024-04-04
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: M. Pippenger, (Puryear Law Group PLLC), Chattanooga, for appellant.
for defendant: Archibald Farrar, Catherine Jackson, (Farrar & Corbin PC), Summerville, for appellee.
Case Number: A23A1586
Court reverses summary judgment order that favored sellers in a dispute over a real estate purchase option agreement, finding that there was valid and adequate consideration for the agreement
Publication Date: 2024-03-28
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Land
Attorneys: For plaintiff: Samuel Alderman, (Attorney At Law), Macon, for appellant.
for defendant: Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
Case Number: A23A1772
Court reverses summary judgment order for specific performance in lease-option dispute and remands for further proceedings, citing ambiguities and potential waiver of variances in acceptance
Publication Date: 2024-03-11
Practice Area: Damages | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: Shane Stogner, (Stogner Law, LLC) Marietta, for appellant.
for defendant: David Ellison, (Fortson Bentley and Griffin PA), Athens, for appellee.
Case Number: A23A1647
Court affirms enforceability of a lease guaranty but vacates calculation of damages in a lease dispute and remands for evaluation of penalty clause under the proper standard
Publication Date: 2024-03-08
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: John Beck, (Lawson & Beck, LLC), Peachtree City, for appellant.
for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee.
Case Number: A23A1228
Court affirms property owner's right to maintain utility lines on adjacent property outside express easement for maintenance based on a property interest arising from a quasi-easement
Publication Date: 2024-03-07
Practice Area: Real Estate | Tax
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys: For plaintiff: James Roberts, (Roberts Tate, LLC), St. Simons Island, for appellant.
for defendant: Gregory Carter, Amanda Szokoly, (Brown Reddick Bumgartner Carter Strickland & Watkins, LLP), Brunswick, for appellee.
Case Number: A23A1344
Court affirms inclusion of the value of memberships in a private club in property tax valuations for purposes of property tax assessments
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2024-03-06
Practice Area: Government | Real Estate
Industry: Real Estate
Court: Georgia Supreme Court
Judge: Justice Bethel
Attorneys: For plaintiff: Kirk Randall Fjelstul, Kathryn M. Zickert, William John Diehl, II, (Smith Gambrell Russell, LLP), Atlanta, for appellant.
for defendant: Russell A. Britt, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, Debra Lynn Blair, Hugh William Rowling, Jr., (Cobb County Attorney’s Office), Marietta, for appellee.
Case Number: S24A0309
Court affirms dismissal of a lawsuit challenging subdivision wall height rules, basing the dismissal on sovereign immunity grounds
Publication Date: 2024-02-28
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A23A1265
Court reverses trial court ruling that had restricted lot owners' lake access and affirmed their express easement right to use the lake
Publication Date: 2024-02-23
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A23A1382
Court vacates trial court order that precluded a previous owner from asserting an ownership interest in a parcel of property and remands for reconsideration of consideration in conveyance
Publication Date: 2024-02-21
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys: For plaintiff: Jonathan Alderman, (Anderson, Walker & Reichert), Macon, for appellant.
for defendant: Thomas Allen, (Martin Snow, LLP), Macon, for appellee.
Case Number: A23A1709
Court reverses declaratory judgment favoring an HOA, and rules that new construction on a certain tract in a subdivision is exempt from construction covenants
Publication Date: 2024-01-23
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Watkins
Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
for defendant: Christopher Hamilton, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, Julie Jacobs, Christopher Carr, Keilani Parker, Mary Volkert, (Office of the Attorney General), Atlanta, Luther Beck, John Zwald, (Beck, Zwald & Associates, LLC), Buford, for appellee.
Case Number: A21A1459
Court vacates its previous ruling and adopts Supreme Court opinion that reversed the dismissal of a plaintiff's property nuisance claim, finding that the statute of limitations had not been tolled
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