• Summit At Scarborough Homeowners Association, Inc. v. Williams

    Publication Date: 2017-11-16
    Practice Area: Contracts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Catherine Gibson McCauley (The Gibson Law Firm, LLC), Atlanta, for appellant.
    for defendant: Ltanya Williams, Ellenwood, for appellee.

    Case Number: A17A1289

    The trial court erred in denying homeowners association's motion for court costs and attorney fees after it obtained a judgment against a homeowner for unpaid annual assessments, because a provision of the Declaration of Covenants, Conditions, Restrictions and Easements for the subdivision stated that the association was entitled to such costs and fees and the homeowner cited no statute that prohibited such recovery.

  • McDonald v. Silver Hill Homes, LLC

    Publication Date: 2017-11-15
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
    for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.

    Case Number: A17A0648

    The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.

  • Kammerer Real Estate Holdings, LLC v. Forsyth County Board of Commissioners et al.

    Publication Date: 2017-11-08
    Practice Area: Civil Procedure | Land Use and Planning | Real Estate
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Spicer Ray, Jeremy Ethan Underwood, Joshua Adam Scoggins (Miles Hansford & Tallant, LLC), Cumming, for appellant.
    for defendant: Kenneth Edward Jarrard, Jeffrey J Costolnick (Jarrard & Davis, LLP), Cumming; Jesse A. Van Sant (The Gore Law Firm, LLC), Alpharetta; Larry Wayne Ramsey, Jr. (ACCG), Atlanta, for appellee.

    Case Number: S17A0924

    The trial court erred in dismissing some of plaintiff's claims against a county, a board of commissioners and the director of the county's Department of Planning and Community Development in connection with the director's refusal to issue a site development permit to plaintiff so that it could construct an automotive service facility on its lot.

  • Simmons v. Prince et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: Christopher Britt (Karsman, McKenzie & Hart), Savannah; Jamie Casino (Attorney at Law), Savannah, for appellee.

    Case Number: A17A0899

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit to recover damages for injuries he suffered when he fell through the balusters of a railing that surrounded the front landing of a second-floor apartment because the large gaps between the railing balusters was a static defect of which the plaintiff had equal knowledge.

  • Columbus Board of Tax Assessors et al v. The Medical Center Hospital Authority

    Publication Date: 2017-11-02
    Practice Area: Real Estate | Tax
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Charles F. Palmer, Kevin Gregory Meeks (Troutman Sanders LLP), Atlanta; Robert R. Lomax (Robert R. Lomax, LLC), Columbus, for appellant.
    for defendant: Jeffrey Albright Brown (Brown & Adams, LLC.), Columbus; James Randolph Evans, Keshia Williams Lipscomb (Dentons US LLP), Atlanta; Andrew Armstrong Rothschild, Jerome M. Rothschild (Rothschild & Rothschild PC), Columbus; Scott C. Crowley, Columbus, for appellee.

    Case Number: S17G0091

    A bond validation order did not conclusively establish whether hospital's leasehold interest in a continuing care retirement facility was "public property" for tax purposes, and to the extent that the Court of Appeals and superior court considered the bond validation judgments conclusive on the question of taxability, the Court reversed and remanded.

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  • Vargo v. Adams

    Publication Date: 2017-10-30
    Practice Area: Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Richard Scott Alembik (Richard S. Alembik P C.), Decatur, for appellant.
    for defendant: Wanda L. Barnett (Wanda L. Barnett & Associates PC), Jefferson; John Davidson Russell (Russell & Mingledorff), Winder; Susan Buerkert Shaw, Lori L. McGowan (RCO Legal P S.), Atlanta; David Felts Ellison (Cowsert Heath LLP), Athens, for appellee.

    Case Number: S17A1302

    The trial court properly denied appellant's petition for equitable partition of real property he held with his former girlfriend as joint tenants with the right of survivorship because equitable partition is not available to unmarried parties who own property as joint tenants with the right of survivorship.

  • Monumedia II, LLC v. Georgia Department of Transportation

    Publication Date: 2017-10-20
    Practice Area: Administrative Law | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Kevin Meeks, Charles Palmer (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Ronald Freeman (Johnson & Freeman, LLC), Union City; Mary Volkert (Assistant Attorney General), Atlanta, for appellee.

    Case Number: A17A0647

    The trial court erred in affirming administrative rulings holding that a business's light-emitting diode signs inside the windows of its building violated City of Atlanta ordinances and the Georgia Outdoor Advertising Control Act.

  • Reynolds v. CB&T

    Publication Date: 2017-10-12
    Practice Area: Civil Appeals | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Christopher Denison (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Gunby (Page, Scrantom, Sprouse, Tucker & Ford, P C.), Columbus, for appellee.

    Case Number: A17A0891

    The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.

  • Saws At Seven Hills, LLC et al. v. Forestar Realty, Inc. et al.

    Publication Date: 2017-10-05
    Practice Area: Contracts | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Richard Herzog, Gregory Taube, Jessica Watson (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Ryan Harbin (Bloom Sugarman Everett, LLP), Atlanta, for appellee.

    Case Number: A17A0869

    The trial court erred in denying defendants' motions for summary judgment on plaintiffs' claims for tortious inference with business relations because plaintiffs failed to show evidence that it suffered any damages as a result of defendants' alleged interference.

  • Crawford et al. v. Ocwen Loan Servicing, LLC

    Publication Date: 2017-09-28
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donovan Crawford, Cladine Crawford, Alpharetta, for appellant.
    for defendant: Christopher Wardrop (Weissman Nowack Curry & Wilco P C.), Atlanta, for appellee.

    Case Number: A17A1590

    The trial court properly dismissed plaintiffs' petition for a temporary restraining order or preliminary injunction seeking to stop the foreclosure of their home after concluding that the petition was moot because the injunctive relief they requested could no longer be granted.