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Pulte Home Company, Llcv.Juanita M. Aycock Living Trust Et Al.

CourtCourt of Appeals of Georgia
Docket No.A21A0640
DecidedJune 25, 2021
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawLand UseEasementPreliminary InjunctionStatutory InterpretationReversal
Case Summary

Cobb County’s 1960s subdivision plat expressly dedicated Daffodil Drive to public use. Decades later, the Juanita M. Aycock Living Trust claimed that the county had partially abandoned the easement and obtained a temporary injunction against Pulte Home Company’s development work on an unpaved portion of the road. The Court of Appeals of Georgia held that the undisputed evidence showed the county retained its easement over the entire road and could issue permits for the work. The court rejected the trial court’s conclusion that the trust had a cognizable abandonment claim under Georgia’s easement statute and held that injunctive relief was unavailable without a likelihood of success on the merits. It reversed the judgments in both related appeals. The chief judge concurred, and another judge concurred only in the judgment.

Opinion

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