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  • 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.

  • Stewart v. Brown

    Publication Date: 2017-11-06
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Beauchamp (Robert M. Beauchamp, Attorney at Law, LLC), Albany, for appellant.
    for defendant: Leslie Kennerly, John Smith (Young, Thagard, Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1142

    The trial court erred in granting summary judgment to defendant in plaintiff's slip and fall suit because genuine issues of material fact remained regarding defendant's knowledge of the hazard and plaintiff's lack of such knowledge.

  • Shelley v. Town of Tyrone

    Publication Date: 2017-11-06
    Practice Area: Administrative Law | Civil Procedure | Land Use and Planning
    Industry:
    Court: Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Henry Milton Quillian III, Diane Festin LaRoss (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Laurel E. Henderson (The Balch Law Group), Atlanta; Theodore Paul Meeker III (Sumner Meeker, LLC), Newnan, for appellee.
    Case Number: S17A1064

    The trial court properly granted town's motion for partial summary judgment on plaintiff's declaratory judgment and inverse condemnation claims in connection with certain zoning ordinances because plaintiff failed to exhaust his administrative remedies before seeking relief in the trial court and his as-applied challenges to the zoning ordinances were thus not ripe for judicial review.

  • Intercontinental Services of Delaware, LLC v. Kent

    Publication Date: 2017-10-30
    Practice Area: Civil Procedure | Corporate Entities | Wrongful Death
    Industry: Transportation
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0917

    The trial court erred in denying defendant's motion to dismiss plaintiff's wrongful death suit for lack of personal jurisdiction, because defendant did not transact any business in Georgia and did not solicit business, or engage in any other persistent course of conduct, in Georgia.

  • 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.