A. § ۵۰-۱۴-۱(d), this new condition try properly supplied summary judgment concerning these problems

C.G

As a buyer’s proposed landfill wouldn’t be a public utility, however, might be physically-had, it wasn’t permitted a written confirmation out-of zoning compliance which you may go after a state permit to construct a dump; and therefore, when combined with the proven fact that the latest state didn’t violate this new provisions of the Open Group meetings Act around O. EarthResources, LLC v. Morgan County, 281 Ga. 396, 638 S.Elizabeth.2d 325 (2006).

Application

Inside the an action arising from the brand new purchases of property, this new demo judge erred when you look at the giving realization wisdom to the manufacturers, in contrast to each other O.A. §§ ۴۴-۵-۶۲ and44-5-63, due to the fact a floodwater detention easement strained the house by permitting this new impoundment off liquid inside it to prevent ton otherwise increased liquids runoff towards almost every other assets receive downstream and you may, as the lake are certainly unlock and you may obvious, a comparable could not always become said of your easement; additionally, an informative procedure stayed as damages and although the latest buyers’ constructive find of the easement from the reasoning of their recordation for the organizations from title would offer a compelling reason behind exempting the easement off process of the assurance action, O.A. § ۴۴-۵-۶۳ considering if not. McMurray v. Housworth, 282 Ga. 280, 638 S.E.2d 421 (2006).

As listing contains no evidence you to a nearby landowner’s ancestor in the attention, or its agents, used the street constantly for around 2 decades, the ancestor failed to and obtain a personal ways of the treatments and you can which, the newest neighbor lacked people individual way by pills over an excellent landowner’s property to clear wood and take away barbed-wire about road instead committing an effective trespass; and therefore, the latest demo court don’t err in giving new landowner summary judgment as to what dilemma of trespass. Norton v. Holcomb, 285 Ga. 78, 646 S.Elizabeth.2d 94 (2007), cert. refused, Zero. S07C1221, 2007 Ga. LEXIS 654 (Ga. 2007).

Because legitimate activities away from issue truth remained concerning whether a beneficial lessee’s failure to help you set aside an easement for the subject property in the the time the new lessee performed a restorative quitclaim deed is if not unrealistic, foreclosing the newest condemnation step, limited bottom line view for the lessee was unwarranted. Wright v. Brookshire, 286 Ga. 162, 648 S.Age.2d 485 (2007).

Pursuant so you can an explained hard work connected with residential property owned by a surrounding landowner and you can a next-door neighbor, the brand new demonstration court securely granted conclusion view in favor of the latest neighbors since the declaration signed up the new next-door neighbor to rearrange their unique strengthening and you may vehicle parking areas provided the latest easement is handled. Wilcox Holdings, Ltd. v. Hull, 290 Ga. 179, 659 S.Age.2d 406 (2008).

Due to the fact code from a keen easement contract between a few adjoining industrial landowners is ambiguous, parol proof is actually admissible to display the newest parties’ intention. For this reason, issues of-fact stayed of intent, and then make summary wisdom incorrect. McGuire Holdings, LLLP v. TSQ Partners, LLC, 290 Ga. 595, 660 S.Age.2d 397 (2008).

– Into the a match between one or two landowners to enforce brand new terms of an enthusiastic easement, when you are zero mistake lead out of your order hitting certain affidavits for the assistance of the next landowner’s allege to own compensation because of its progressing work, legitimate issue facts factors precluded summary wisdom about allege. Further, bottom line wisdom is unwarranted as to what problem of perhaps the 2nd landowner are eligible to fool around with a great detention pond to your very first landowner’s assets. McGuire Holdings, LLLP v. TSQ Partners, LLC, 290 Ga. 595, 660 S.Age.2d 397 (2008).

– Interest the new premium courtroom regarding probate court is actually topic in order to based procedures to own civil steps, ergo entitling a party so you can invoke the latest summation view processes. Woodall v. First Nat’l Financial, 118 Ga. 440, 164 S.Age.2d 361 (1968).