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  • Patricia Ann Kitchens et al. v. Lincoln County

    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

  • 110 Hampton Point, LLC v. Ross

    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

  • Joe and James Properties, LLC v. City of Atlanta

    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

  • Efficiency Lodge, Inc. v. Neason, et al.

    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

  • Smartt v. Eldridge

    Publication Date: 2023-07-18
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, for appellant.
    for defendant: David Lockhart, (Bradford & Lockhart, P.C.), LaFayette, Benjamin Bradford, (Benjamin T. Bradford, P.C.), LaFayette, for appellee; Christopher Carr, Keilani Parker, (Attorney General), Atlanta, Ryan Marks, Madison, for other party.
    Case Number: A23A0628

    Court affirms summary judgment in favor of acquirer of fee simple title in surplus property over adjacent property owner's claim that he should have received notice of sale

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  • City of Tucker v. City of Clarkston et al.

    Publication Date: 2023-07-13
    Practice Area: Civil Procedure | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Mark Ford, (Ford Legal, P.C.), Atlanta, for appellant.
    for defendant: Suzanne Osborne, (Department of Law), Atlanta, Stephen Quinn, (Wilson, Morton & Downs), Decatur, Curtis Romig, (Bryan Cave, LLP), Atlanta, Emily Macheski-Preston, (Coleman Talley LLP), Atlanta, Robert Ashe, Kevin Arocha, (Bryan Cave Leighton Paisner LLP), Atlanta, for appellee.
    Case Number: A23A0511

    Claim Against City For Illegal Annexation Became Moot After Portion of Annexed Land Was De-Annexed

  • Leslie v. 1125 Hammond, LP et al.

    Publication Date: 2023-07-07
    Practice Area: Consumer Protection | Landlord Tenant Law | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Ralph Goldberg, (Goldberg & Cuvillier, P.C.), Tucker, for appellant.
    for defendant: Jeanette LeRay, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A23A0568

    No Material Factual Issues Were Presented in Support of Tenant's Housing Discrimination Claim

  • Anderson et al. v. David et al.

    Publication Date: 2023-07-06
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: R. Edwards, (Cochran & Edwards, LLC), Smyrna, Robert Jenkins, (Smith & Jenkins, P.C.), Hagan, Eric Logan, (Attorney at Law), Douglas, for appellant.
    for defendant: Jeffrey Schneider, Kimberly Sturm Brandon Arnold, Jacob O'Neal, (Weissman, P.C.), Atlanta, for appellee.
    Case Number: A23A0292

    Court reverses a summary judgment grant and construes an easement as not having conveyed sole and exclusive rights to a grantee and stripping away an owner's rights

  • Worth et al. v. First Key Homes, LLC et al.

    Publication Date: 2023-06-28
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Derric Crowther, (Crowther Law Firm, PC), Atlanta, Ivan Gustafson, (Law Office of Ivan Gustafson), McDonough, for appellant.
    for defendant: Michael Schroder, Nelofar Agharahimi, (Swift Currie McGhee & Hiers), Atlanta, for appellee.
    Case Number: A23A0287

    Genuine Issue of Material Fact as to Whether Fence Installer Assumed Risk of Working Near Dead Tree

  • Bell v. Lopez et al.

    Publication Date: 2023-06-15
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Andrew Bell, Atlanta, for appellant.
    for defendant: Elizabeth Padgett, (Fidelity National Law Group), Atlanta, Webster Richards, Queens, Mark Richards, Queens, Andrew Asare, Yulee, Eyelondra Austin, Orlando, The Offer Geek ATL, LLC, Stonecrest, for appellee.
    Case Number: A23A0723

    Party Could Not Maintain Claims to Quiet Title and For Ejectment Where He Lacked Title to Disputed Property