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Publication Date: 2023-09-19
Practice Area: Government | Real Estate
Industry: Real Estate | State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: John Clark, (Clark Caskey, LLC), Atlanta, for appellant.
for defendant: William Sams, (W. Shannon Sams Law, P.C.), Atlanta, Victoria Kealy, Thomas Whitley, (Office of the Fulton County Attorney), Atlanta, Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, Bradley Hutchins, (Weissman, PC), Atlanta, Joshua Adams, (Internal Revenue Service), Seattle, for appellee.
Case Number: A23A1145
City's Lien Against Real Property Could Not Be Satisfied From Excess Funds Remaining After Tax Sale
Publication Date: 2023-09-19
Practice Area: Bankruptcy | Creditors' and Debtors' Rights | Real Estate
Industry: Construction | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: Ramsey Knowles, Jared Hodges, Jason Kamp, (Knowles Gallant, LLC), Atlanta, for appellant.
for defendant: Benjamin Rachelson, Samuel Richards, (Adams and Reese LLP), Atlanta, for appellee.
Case Number: A23A0782
Subcontractor Who Asserted Lien Claim in Contractor's Bankruptcy Action Did Not Thereafter Have to Assert Separate Action Directly Against Contractor
Publication Date: 2023-09-18
Practice Area: Damages | Real Estate
Industry: Construction | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: Alexandre Kachin, (Lindsey & Lacy, PC), Peachtree City, for appellant.
for defendant: Doug Wallace, Fayetteville, for appellee.
Case Number: A23A0734
Trial Court Erred by Considering Issues Related to Liability at Trial on Damages Following Default Judgment
Publication Date: 2023-08-14
Practice Area: Real Estate | Tax
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: Robert Lomax, (Robert R. Lomax, LLC), Columbus, Charles Palmer, (Troutman & Sanders LLP), Atlanta, for appellant.
for defendant: Jerry Buchanan, (Buchanan Law Firm, PC), Columbus, Andrew Rothschild, (Rothschild & Rothschild, P.C.), Columbus, Robert Ashe, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellee.
Case Number: A23A0373
Court affirms exemption from property taxation for an elder care facility leased and managed by a hospital authority for a public purpose
Publication Date: 2023-08-11
Practice Area: Attorney Compensation | Real Estate
Industry: Legal Services | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: C. DuBose, (DuBose Law Group LLC), Madison, Hal Wright, (Hal Wright Attorney at Law, LLC), Athens, Brittain Hunt, (Pulliam Law Group), Covington, for appellant.
for defendant: Sean Keenan, Sunshine Nasworthy, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, for appellee.
Case Number: A23A0620
Homeowners Association Had Authority to Prohibit Construction of Above-Ground Pool
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Publication Date: 2023-08-10
Practice Area: Civil Appeals | Government | Real Estate
Industry: Real Estate | State and Local Government
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Robert Dyer, Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellant.
for defendant: Donald Evans, (Evans Law Firm), Cartersville, for appellee.
Case Number: A23A0136
Transportation Department Did Not Preserve Evidentiary Objections to Compensation Award to Former Property Owners
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
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
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
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
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