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One Buckhead Loop Condominium Association, Inc.v.Regent Tower Holdings, Llc F/K/A Regent Tower Holdings, Inc.

CourtCourt of Appeals of Georgia
Docket No.A16A1812
DecidedMarch 6, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawContract InterpretationSummary JudgmentDeclaratory JudgmentReversalDirect Appeal
Case Summary

One Buckhead Loop Condominium Association sued Regent Tower Holdings over an easement governing access and traffic through a commercial property. The trial court granted Regent summary judgment, relying on an estoppel certificate and the statute of limitations. The Court of Appeals reversed. The record contained evidence that the Association had not defaulted under the easement and that the parties’ conduct created factual questions about access through the traffic-control gates. The estoppel certificate did not establish as a matter of law that the Association had abandoned its contract and related claims, and the limitation defense did not dispose of the claims on the record presented. The court held that summary judgment was improper on the breach-of-contract and related declaratory and injunctive claims. It reversed the trial court’s judgment and remanded the case for further proceedings. Two judges concurred.

Opinion

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