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John W. Tucker Et Alv.Brannen Lake East, Llc

CourtCourt of Appeals of Georgia
Docket No.A23A1265
DecidedJanuary 29, 2024
Reporter330 Ga. App. 876
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawProperty TitleDeclaratory JudgmentContract InterpretationReversal
Case Summary

Brannen Lake East, the owner of the lake and much of the surrounding property, sought a declaration that it could restrict neighboring owners’ use of the lake. John Tucker and Burney Marsh relied on express easements in their deeds. After an evidentiary hearing, the trial court ruled for Brannen Lake East. The Court of Appeals of Georgia reversed. It held that the deeds and the subdivision plat expressly granted Tucker and Marsh rights to use the lake and that the trial court’s findings did not justify terminating those rights. The appellate court reversed the declaratory judgment.

Opinion

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