A good. § 50-14-1(d), the newest condition is actually safely granted summary judgment concerning these issues


Since the a consumer’s proposed landfill wouldn’t be a public utility, however, would be actually-had, it wasn’t eligible to a written verification out-of zoning conformity this you’ll follow your state allow to create a dump; and that, when combined with the undeniable fact that the new state did not violate the fresh new provisions of your Open Meetings Work under O. EarthResources, LLC v. Morgan County, 281 Ga. 396, 638 S.Age.2d 325 (2006).


Inside the a hobby as a result of this new sale away from assets, the newest demo courtroom erred when you look at the granting summation judgment towards manufacturers, contrary to each other O.An excellent. §§ 44-5-62 and44-5-63, since a beneficial floodwater detention easement strained the property by allowing the impoundment out of liquids on it to eliminate flood or increased h2o runoff toward most other assets discover downstream and you will, while the river try certainly discover and obvious, a similar couldn’t fundamentally feel told you of easement; also, a factual issue remained since the injuries and even though the buyers’ constructive see of one’s easement from the reasoning of its recordation during the organizations out of title would provide a persuasive cause of exempting brand new easement away from operation of your promise deed, O.Good. § 44-5-63 offered if you don’t. McMurray v. Housworth, 282 Ga. 280, 638 S.E.2d 421 (2006).

Just like the checklist contains no evidence you to a nearby landowner’s ancestor inside the attract, otherwise its representatives, used the path consistently for around 2 decades, the newest ancestor didn’t and obtain a personal ways from the medicines and you will and that, the fresh next-door neighbor lacked people personal way because of the treatment more good landowner’s possessions to clear wood and take off barbed-wire in the road in place of committing a beneficial trespass; and therefore, new trial legal didn’t err into the granting the landowner conclusion view as to the dilemma of trespass. Norton v. Holcomb, 285 Ga. 78, 646 S.Elizabeth.2d 94 (2007), cert. rejected, Zero. S07C1221, 2007 Ga. LEXIS 654 (Ga. 2007).

While the genuine products out-of issue facts remained about if an excellent lessee’s incapacity to help you put aside an enthusiastic easement for the topic assets at the the amount of time the newest lessee performed a restorative quitclaim deed try if not unrealistic, foreclosing the fresh condemnation step, partial summary wisdom into the lessee is unwarranted. Wright v. Brookshire, 286 Ga. 162, 648 S.E.2d 485 (2007).

Pursuant to help you a described time and energy associated with property belonging to an adjacent landowner and a neighbor, this new demo court securely provided summation wisdom in favor of this new next-door neighbor as the statement licensed the fresh next-door neighbor so you’re able to rearrange their own building and parking areas so long as the latest easement is actually was able. Wilcox Holdings, Ltd. v. Hull, 290 Ga. 179, 659 S.Age.2d 406 (2008).

Given that language out-of an enthusiastic easement contract ranging from two adjoining commercial landowners was unknown, parol research try admissible to show the newest parties’ purpose. Thus, inquiries of fact stayed regarding purpose, to make bottom line view inappropriate. McGuire Holdings, LLLP v. TSQ Couples, LLC, 290 Ga. 595, 660 S.Age.2d 397 (2008).

– Inside the a suit between a couple of landowners to help you demand the brand new regards to an enthusiastic easement, while no error lead off your order hitting certain affidavits in assistance regarding a second landowner’s allege to have compensation for its grading works, legitimate procedure fact activities precluded realization view with this claim. Further, summary judgment try unwarranted from what dilemma of if the next landowner is permitted fool around with a beneficial detention pond to the first landowner’s possessions. McGuire Holdings, LLLP v. TSQ People, LLC, 290 Ga. 595, 660 S.Age.2d 397 (2008).

– Attract new premium judge on the probate courtroom is subject so you’re able fler anvГ¤ndbara tips to based actions to possess civil methods, therefore entitling a party in order to invoke the bottom line judgment process. Woodall v. Basic Nat’l Financial, 118 Ga. 440, 164 S.Elizabeth.2d 361 (1968).