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Publication Date: 2024-02-28
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A23A1265
Court reverses trial court ruling that had restricted lot owners' lake access and affirmed their express easement right to use the lake
Publication Date: 2024-02-23
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A23A1382
Court vacates trial court order that precluded a previous owner from asserting an ownership interest in a parcel of property and remands for reconsideration of consideration in conveyance
Publication Date: 2024-02-21
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys: For plaintiff: Jonathan Alderman, (Anderson, Walker & Reichert), Macon, for appellant.
for defendant: Thomas Allen, (Martin Snow, LLP), Macon, for appellee.
Case Number: A23A1709
Court reverses declaratory judgment favoring an HOA, and rules that new construction on a certain tract in a subdivision is exempt from construction covenants
Publication Date: 2024-01-23
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Watkins
Attorneys: For plaintiff: George Butler, (Attorney at Law), Dahlonega, for appellant.
for defendant: Christopher Hamilton, Gregory Meyer, (Jarrard & Davis, LLP), Cumming, Julie Jacobs, Christopher Carr, Keilani Parker, Mary Volkert, (Office of the Attorney General), Atlanta, Luther Beck, John Zwald, (Beck, Zwald & Associates, LLC), Buford, for appellee.
Case Number: A21A1459
Court vacates its previous ruling and adopts Supreme Court opinion that reversed the dismissal of a plaintiff's property nuisance claim, finding that the statute of limitations had not been tolled
Publication Date: 2023-12-22
Practice Area: Banking and Finance Laws | Civil Procedure | Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Antoinette Marques, Lithonia, for appellant.
for defendant: Lisa Frank, (McCalla Raymer Leibert Pierce, LLC), Roswell, Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, Kane St. John, (Attorney at Law), Marietta, for appellee.
Case Number: A23A1266
Court affirms dismissal of most claims in a wrongful foreclosure lawsuit but reverses as to dismissal of plaintiff's claim that a successor lender failed to comply with a statutory notice requirement
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-12-04
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys: For plaintiff: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellant.
for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee; James Blum, (Blum & Campbell, LLC), Peachtree Corners, for other party.
Case Number: A23A0719
Court affirms that a bidder for a lien on property took title to the property subject to a mortgagor's security interest where security deed did not include a witness attestation
Publication Date: 2023-11-28
Practice Area: Real Estate
Industry: Transportation
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys: For plaintiff: John Hall, Mark Toth, (Hall, Bloch, Garland, And Meyer), Macon, for appellant.
for defendant: Walter Gordon, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
Case Number: A23A1021
Language of Deeds in Chain of Title Showed Property Owner Acquired Fee Simple Title to Land Under Railroad Spur Track
Publication Date: 2023-11-27
Practice Area: Government | Health Care Law | Real Estate
Industry: Health Care | State and Local Government
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: Kirk Fjelstul, Kathryn Zickert, (Smith, Gambrell & Russell LLC), Atlanta, for appellant.
for defendant: James Carter, (James E. Carter Law Firm, LLC), Athens, Frank Jenkins, (Jenkins, Bowen & Walker, P.C.), Cartersville, for appellee.
Case Number: A23A0795
Proposed Drug Treatment Facility Would Be Continuation of Long-Time Hospital Use Already Occurring in City Location
Publication Date: 2023-11-27
Practice Area: Real Estate | Tax
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys: For plaintiff: Edward Preston, Kayla Barnes, (Coleman Talley LLP), Valdosta, for appellant.
for defendant: Walter Elliott, William Elliott, (Elliott Blackburn & Gooding PC), Valdosta, for appellee.
Case Number: A23A1103
Court affirms partial summary judgment in favor of county tax assessors in valuation dispute over rent-restricted apartment complex, finding that application of an income approach was inapplicable
Publication Date: 2023-11-24
Practice Area: Constitutional Law | Real Estate
Industry: Entertainment and Leisure | Real Estate
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys: For plaintiff: Robert Buckley, Nicolas Bohorquez, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
for defendant: Alan Begner, Eric Coffelt, (Begner & Begner, P.C.), Atlanta, for appellee.
Case Number: A23A0955
Nightclub Owner's Action Against Neighbors Who Complained of Noise Was Meritless Anti-SLAPP Suit
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