Justia Real Estate & Property Law Opinion SummariesArticles Posted in Supreme Court of Georgia
Crippen & Lawrence Investment Co., Inc. v. A Tract of Land Being Known as 444 Lemon Street, et. al.
When Lillie Mae Bedford died in 1997, she left a residential property in Marietta, Georgia by testamentary devise to her daughter, Jennifer Hood. Although the Bedford estate never made and delivered a deed to Hood to perfect a conveyance of legal title, Hood lived on the property for some time after the death of her mother, and she paid the taxes associated with it. But beginning in 2009, the taxes on the property were unpaid, and in 2013, the property was sold to Crippen & Lawrence Investment Co., Inc. at a tax sale. More than 12 months later, Crippen took steps to foreclose the statutory right of redemption, and Crippen gave Hood notice of foreclosure. Once the redemption period expired, Crippen petitioned for quiet title. Hood did not respond to the petition, but the Bedford estate appeared and moved to dismiss, asserting the estate was entitled to notice of the foreclosure, and had not been served with such notice. Crippen responded that the estate was not entitled to notice because the executor by his conduct had assented to the devise of the property, which by operation of law passed title to Hood notwithstanding that the estate had made and delivered no deed, and that the estate, therefore, no longer had any interest in the property. A special master of the trial court determined the estate was entitled to notice and dismissed the quiet title petition. Crippen appealed, but the Court of Appeals affirmed. Upon further appeal, the Georgia Supreme Court reversed the appellate court: "assent may be presumed from legatee’s possession of the property. ... Although Crippen would not have standing to move a probate court to prospectively compel the executor of the Bedford estate to give assent that has been so far withheld, Crippen has standing in this quiet title proceeding to establish that the executor previously assented to the devise to Hood under the old Probate Code." View "Crippen & Lawrence Investment Co., Inc. v. A Tract of Land Being Known as 444 Lemon Street, et. al." on Justia Law
Massey et al. v. Duke Builders, Inc.
Property owners and the contractors they hired to build a house had a dispute. The Georgia Supreme Court granted the owners' request for review to consider: (1) whether anticipated profits could be included in a materialmen’s lien; and (2) if so, whether the improper inclusion of such profits rendered the entire lien void. Because the Court of Appeals correctly held that anticipated profits could not be included in a lien and that their inclusion does not invalidate the entire lien, the Supreme Court affirmed. View "Massey et al. v. Duke Builders, Inc." on Justia Law
Langley v. MP Spring Lake, LLC
In Langley v. MP Spring Lake, LLC, 813 SE2d 441 (2018), the Court of Appeals affirmed the trial court’s grant of summary judgment in favor of MP Spring Lake (“Spring Lake”) on two premises-liability tort claims brought by Pamela Langley. While a lawful tenant of Spring Lake Apartments in Morrow, Georgia, Langley fell in a common area of the complex when her foot got caught and slid on a crumbling portion of curb. She later made claims of negligence and negligence per se due to Spring Lake’s alleged failure to repair the curb despite being aware of its disrepair. Spring Lake asserted, as one of its defenses, that Langley’s claims were barred by a contractual limitation period contained within her lease. Spring Lake then moved for summary judgment on this basis, arguing that, because Langley’s lease contained a one-year limitation period for legal actions and she filed her complaint two years after the injury occurred, her claim was time-barred. Langley petitioned for certiorari, raising: (1) Does the “Limitations on Actions” provision of Langley’s lease contract apply to her premises-liability tort action against MP Spring Lake, LLC?; and (2) If so, is that provision enforceable? The Georgia Supreme Court concluded the provision was not applicable to Langley’s premises-liability tort action against Spring Lake. It therefore reversed the judgment of the Court of Appeal s and remanded for further proceedings. View "Langley v. MP Spring Lake, LLC" on Justia Law
Heron Lake II Apartments, LP v. Lowndes County Board of Tax
In its second appearance before the Georgia Supreme Court, the dispute between appellee Lowndes County Board of Tax Assessors (“the Board”) and eight partnerships which built and operated affordable housing apartment complexes (“Section 42 properties”) in Lowndes County (collectively, “Appellants”), with the help of federal and state Low Income Housing Tax Credits (“LIHTCs” or “Section 42 Tax Credits”), in connection with which they executed Land Use Restrictive Covenants. The dispute this time turned on the valuation of those tax credits when calculating ad valorem real property taxes. The Supreme Court determined the trial court had subject matter jurisdiction to decide this case, and that LIHTCs did not constitute “actual income” for purposes of OCGA 48-5-2 (3) (B) (vii) (II). Moreover, OCGA 48-5-2 (3) (B) (vii) (I) and (II) did not run afoul of the Georgia Constitution’s taxation uniformity provision. Accordingly, the Court reversed the judgment of the trial court. View "Heron Lake II Apartments, LP v. Lowndes County Board of Tax" on Justia Law
Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc.
The federal United States District Court for the Middle District of Georgia certified questions of Georgia law to the Georgia Supreme Court regarding the scope of the “acceptance doctrine” in negligent construction tort cases. At issue was whether and how the acceptance doctrine applied as a defense against a claim brought by a subsequent purchaser of allegedly negligently constructed buildings. Thomaston Crossing, LLC (the “original owner”) entered into a construction contract with appellee Piedmont Construction Group, Inc. to build an apartment complex in Macon. Piedmont then retained two subcontractors – appellees Alan Frank Roofing Company and Triad Mechanical Company, Inc. – to construct the roof and the HVAC system, respectively. In 2014, the complex was completed, turned over to, and accepted by the original owner. In 2016, the original owner sold the apartment complex to appellant Thomaston Acquisition, LLC (“Thomaston”) pursuant to an “as is” agreement. Shortly after the sale, Thomaston allegedly discovered evidence that the roof and HVAC system had been negligently constructed. Thomaston filed suit against Piedmont, asserting a claim for negligent construction of the roof and HVAC system and a claim for breach of contract/implied warranty. Piedmont then filed a third-party complaint against Alan Frank Roofing and Triad Mechanical because both companies had allegedly agreed to indemnify Piedmont for loses arising out of their work. Each of the appellees later moved for summary judgment based in part on the defense that Thomaston’s negligent construction claim is barred by the acceptance doctrine. The Georgia Supreme Court concluded the acceptance doctrine applied to Thomaston’s claim, and that “readily observable upon reasonable inspection” referred to the original owner’s inspection. “Without any real claim of privity, Thomaston nevertheless contends that it should be treated like the original owner because it is the current owner-occupier of the property. But doing so would undermine the acceptance doctrine’s foundational purpose of shielding contractors from liability for injuries occurring after the owner has accepted the completed work, thereby assuming responsibility for future injuries. There is no ‘current owner-occupier’ or ‘subsequent purchaser’ exception to the acceptance doctrine, and the facts of this case do not compel us to recognize one here.” View "Thomaston Acquisition, LLC v. Piedmont Construction Group, Inc." on Justia Law
Milliken & Co. v. Georgia Power Co.
In 2013, a small business jet crashed into a Georgia Power Company transmission pole on Milliken & Company’s property near the Thomson-McDuffie Regional Airport in Thomson, Georgia. The two pilots were injured and the five passengers died. In the wake of the crash, the pilots and the families of the deceased passengers filed a total of seven lawsuits against multiple defendants, including Georgia Power and Milliken. The complaints in those seven suits alleged that a transmission pole located on Milliken’s property was negligently erected and maintained within the airport’s protected airspace. The record evidence showed Georgia Power constructed the transmission pole on Milliken’s property for the purpose of providing electricity to Milliken’s manufacturing-plant expansion, and that the pole was constructed pursuant to a 1989 Easement between Georgia Power and Milliken. In each of the seven suits, Milliken filed identical cross-claims against Georgia Power, alleging that Georgia Power was contractually obligated to indemnify Milliken “for all sums that Plaintiffs may recover from Milliken” under Paragraph 12 of the Easement. Georgia Power moved for summary judgment on the crossclaims, which were granted. The trial court reasoned Paragraph 12 of the Easement operated as a covenant not to sue, rather than as an indemnity agreement, because it “nowhere contains the word ‘indemnity’” and “it is not so comprehensive regarding protection from liability.” The Court of Appeals affirmed summary judgment to six cases. Rather than adopt the trial court’s reasoning, the appellate court held that the provision was an indemnity agreement and affirmed the trial court by applying Georgia’s anti-indemnity statute, OCGA 13-8-2 (b), to determine that Paragraph 12 of the Easement was “void as against public policy,” a theory argued before the trial court but argued or briefed before the Court of Appeals. The Georgia Supreme Court determined the Court of Appeals erred in its construction and application of OCGA 13-8-2(b), vacated the judgment and remanded for the lower court to consider whether, in the first instance, the trial court’s rationale for granting Georgia Power’s motions for summary judgment and any other arguments properly before the Court of Appeals. View "Milliken & Co. v. Georgia Power Co." on Justia Law
Hanham v. Access Management Group, L.P.
This case stemmed from a dispute between homeowners James and Mary Hanham and Access Management Group L.P., the management agent for the St. Marlo Homeowner’s Association. In 2011, the Hanhams filed claims for trespass, nuisance, negligence, invasion of privacy and breach of contract against their neighbor Marie Berthe-Narchet (“Narchet”), her landscaper GreenMaster Landscaping Service, Inc., and Access Management in response to a landscaping project on Narchet’s property that resulted in flooding to the Hanhams’ property and restricted their view of the golf course. During a 2016 jury trial, Access Management moved for a directed verdict on the negligence and breach of contract claims; the trial court denied both motions. The jury subsequently found in favor of the Hanhams, and Access Management appealed to the Court of Appeals, alleging, among other things, that the trial court erred in denying its motion for a directed verdict as to the Hanhams’ breach of contract claim. The Court of Appeals agreed and reversed the jury’s judgment as to that claim. The Georgia Supreme Court granted certiorari to decide whether the Court of Appeals erred in reversing the trial court’s denial of Access Management’s motion for a directed verdict as to the Hanhams’ breach of contract claim. The Supreme Court concluded the Court of Appeals’ decision was in error, and reversed the judgment as it pertained to the breach of contract claim. The Court vacated the final division of the Court of Appeals’ opinion, and remanded the case to the Court of Appeals for further consideration. View "Hanham v. Access Management Group, L.P." on Justia Law
Morgan County v. May
Morgan County, Georgia appealed a trial court’s order dismissing Christine May’s criminal citation for violating the County’s amended zoning ordinance by renting out her house near Lake Oconee for a week. The court concluded that the zoning ordinance in effect at the time May began renting her house for short periods was unconstitutionally vague as applied, meaning that her use of the house for such rentals was “grandfathered” and not subject to the amended ordinance’s explicit prohibition of short-term rentals for fewer than 30 days. May cross-appealed, but the Georgia Supreme Court did not address her claimed errors, because it affirmed the trial court’s dismissal of her citation. View "Morgan County v. May" on Justia Law
Clayton County Bd. of Assessors v. Aldeasa Atlanta Joint Venture
The issue this case presented for the Georgia Supreme COurt's review centered on whether the contract involved in this case between the City of Atlanta and a private business for the lease of retail concession space at Hartsfield-Jackson Atlanta International Airport created a taxable interest subject to ad valorem taxation by Clayton County. The City of Atlanta owned the Airport, which was partially in Clayton County outside the City’s boundaries. Appellee Aldeasa Atlanta Joint Venture entered into the written agreement with the City to lease space on two different concourses at the Airport for the non-exclusive rights to operate two duty free retail stores. Appellant Clayton County Board of Tax Assessors (“County”) issued real property tax assessments to Aldeasa for the 2011 and 2012 tax years on Aldeasa’s purported leasehold improvements on the two parcels involved in the Concessions Agreement and also on Aldeasa’s purported possessory interest in the two parcels. Aldeasa appealed the assessments and paid the tax pending the outcome of the appeal. The trial court found the Concessions Agreement created a usufruct interest in the property, and not an estate in real property; it rejected the County’s assertion that it was legally authorized to impose a property tax on usufructs located at the Airport; and it also rejected the County’s assertion that the Concessions Agreement created a taxable franchise. Accordingly, the trial court granted Aldeasa’s motion for summary judgement and denied the motion filed by the County. The County appealed, asserting four different taxable interests were created by the Concessions Agreement. The Supreme Court disagreed with the State's assertions and affirmed the trial court. View "Clayton County Bd. of Assessors v. Aldeasa Atlanta Joint Venture" on Justia Law
Georgia v. Harper
The Georgia Supreme Court granted certiorari in this case to decide whether a locked entry door to a homeowner’s residence provided sufficient notice to a would-be trespasser that he or she is forbidden from entering the premises. The Court of Appeals held that David Harper, a bail recovery agent, could not be found guilty of trespass under OCGA 16-7-21(b)(2) as a matter of law after he entered the residence of Tina McDaniel through a locked door from her backyard without McDaniel’s knowledge or permission to arrest Stephen Collier, a man whose criminal bond had been forfeited. Harper gained access to the residence by either reaching his hand through a doggy door attached to the larger locked door and unlocking it, or crawling through the doggy door to do so. Collier did not live at the house, and was there only to work on a vehicle. Harper was a stranger to McDaniel, as he had not been given any access to McDaniel’s home on any prior occasion and had no prior relationship with her. The Court of Appeals concluded that, because a finding of guilt under OCGA 16-7-21(b)(2) “requires proof that the accused entered [the premises in question] knowingly and without authority after having received express notice that the entry was forbidden,” and because “[t]he State failed to produce any evidence showing that Harper was given the required prior express notice not to enter McDaniel’s premises,” Harper could not be found guilty of criminal trespass under the statute. The Supreme Court concluded that the locked door to the residence provided reasonable and sufficiently explicit notice to Harper that entry into McDaniel’s residence was forbidden under the circumstances of this case, and as such, reversed. View "Georgia v. Harper" on Justia Law