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The Plantation At Bay Creek Homeowners Association, Inc.v.Allan Glasier Et Al.

CourtCourt of Appeals of Georgia
Docket No.A18A2151
DecidedMarch 6, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawProperty TitleCivil ProcedureSummary JudgmentStatutory InterpretationReversalRemand
Case Summary

A homeowners association sought to reform a subdivision plat and obtain an injunction enforcing a claimed pedestrian easement across Allan and Glendee Glasier’s property to a community lake. The Glasiers counterclaimed for quiet title, declaratory and injunctive relief, trespass, and damages. After a special master found no easement, the trial court entered a mixed set of summary-judgment rulings. The Court of Appeals affirmed most of those rulings but reversed the denial of summary judgment to the association on the Glasiers’ claim for intentional infliction of emotional distress. The court held that the record presented no basis for several of the Glasiers’ property claims, but factual questions remained about whether the association’s alleged trespass was knowing, willful, and consciously indifferent to their property rights. Those questions also supported submission of punitive damages to a jury. The case therefore remained partly for trial while the quiet-title, easement, and related rulings largely stood.

Opinion

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The Plantation At Bay Creek Homeowners Association, Inc. V. Allan Glasier Et Al. — The Atlanta Gleaner