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

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.

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Rickman, Judge.

Approximately four and a half years after acquiring property in Seven Hills, a planned community, SAWS at Seven Hills, LLC, NatureWalk Development Company, Inc., and Artisan Built Communities, LLC (collectively “SAWS”), filed suit against the Seven Hills Homeowners Association, Inc. (the “HOA”), Forestar Realty Inc. (the declarant of the HOA), and Fieldstone Realty Partners d/b/a Fieldstone Association Management (the management company for the HOA) (collectively “Forestar”), to resolve disputes over, inter alia, HOA assessments, maintenance of common areas within the community, and alleged false information provided by Forestar to prospective home buyers regarding SAWS’s properties. SAWS also filed suit against Berkshire Hathaway Home Services Georgia (“BHHS”), a real estate brokerage firm with a sales office located inside the Seven Hills clubhouse, alleging that its sales agents provided false information to prospective home buyers regarding SAWS properties. SAWS sought a declaratory judgment and alleged breach of covenants by Forestar, and further alleged tortious interference with business relations by Forestar and BHHS.Forestar and BHHS filed motions for summary judgment. The trial court granted Forestar’s motion in part and denied it in part as to the declaratory judgment and breach of covenant claims, and denied summary judgment to Forestar and BHHS on SAWS’s claims of tortious interference with business relations.For the following reasons, we vacate the trial court’s ruling on SAWS’s claims for declaratory judgment and breach of covenant and remand for proceedings consistent with this opinion. We reverse the trial court’s denial of summary judgment to Forestar and BHHS on SAWS’s tortious inference with business relations claim.

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

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.

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