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Ashton Atlanta Residential, LLCv.Olakunle Ajibola et al.

CourtCourt of Appeals of Georgia
Docket No.A14A1602
DecidedMarch 18, 2015
Reporter331 Ga. App. 231; 770 S.E.2d 311
JudgesCourt of Appeals of Georgia, Second Division; Presiding Judge Andrews and Judges McFadden and Ray; Presiding Judge Andrews authored the opinion
Tags
CivilProperty LawNegligenceSummary JudgmentStatutory InterpretationReversalRemand
Case Summary

Thirty-two homeowners in the Chattahoochee Bluffs townhouse community sued developer Ashton Atlanta Residential, LLC, alleging negligent construction arising from broken and damaged water lines. The trial court granted Ashton summary judgment on the homeowners’ contract claim but denied it on negligent construction, and Ashton brought an interlocutory appeal. The Court of Appeals of Georgia reversed. The last sale to a named plaintiff closed on December 8, 2004, and the townhouses were substantially complete by then. Georgia’s eight-year statute of repose for construction-deficiency claims therefore barred an action filed on February 5, 2013. Once Ashton identified the absence of evidence supporting a timely claim, the homeowners had to point to specific evidence creating a triable issue; their complaint and briefing were not evidence, and they submitted no supporting materials. The court also rejected reliance on authorities addressing damage to realty and a statute of limitation rather than negligent-construction claims governed by the statute of repose. Whether a homeowners association owned the water lines did not change that result because the pleaded claim was still based on construction deficiency. The court reversed the denial of summary judgment and remanded with direction, declining to reach Ashton’s remaining arguments.

Opinion

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Ashton Atlanta Residential, LLC v. Olakunle Ajibola et al. — The Atlanta Gleaner