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Georgia Supreme Court Upholds Discretion of County to Abandon Road 30 Jul 2013 | 07:37 pm
In Scarborough v. Hunter, S13A0060 (July 11, 2013), the Georgia Supreme Court upheld the discretion of a North Georgia county to abandon a public road due to the expenses that would have been incurred...
Approaches to Residential Storm Water Management - Part I, Description of Possible Problems 5 Jul 2013 | 04:52 pm
This part one of a series of posts will summarize various approaches to management of storm water problems by homeowners, farmers, and other raw land owners who may experience flooding and drainage pr...
Bank Can Seek Immediate Relief to Remove Commercial Property Owner 1 Jul 2013 | 08:14 pm
In Alstep, Inc. v. State Bank & Trust Co., Case No. S13A0117 (Ga., July 1, 2013), an opinion issued today, the Georgia Supreme Court addressed circumstances in which a commercial gas station owner ref...
Written Findings of Gross Income Required for Final Divorce Decree 1 Jul 2013 | 08:03 pm
In Georgia, the parties to a divorce must establish their gross incomes to the court. This is a requirement for the Final Order in connection with a child support decree. The Georgia Supreme Court r...
Maneuvering Assets Not Always a Good Idea to Avoid Equitable Division in Divorce 21 Apr 2013 | 05:38 pm
Sometimes a spouse seeking a divorce will attempt to avoid the effect of a division of assets and alimony by clouding his finances. In Driver v. Driver, S13F0512 (Ga. April 15, 2013), the Georgia Su...
Second Amendment Rights Upheld in Georgia 20 Apr 2013 | 05:24 pm
In Ferguson v. Perry, Case Nos. S12A1643, S12A1644, and S12A1645 (Ga. March 25, 2013), the Georgia Supreme Court upheld the ability of a citizen to seek restoration of his right to bear arms after a c...
Storm Water Utility Fee Held Constitutional 24 Mar 2013 | 06:25 pm
The Georgia Supreme Court recently upheld the constitutionality of an assessment under a Storm Water Utility Ordinance imposed by a local government in Georgia. See Homewood Village,LLC v. Unified Gov...
Constitutional Challenges to Zoning Decisions 12 Feb 2013 | 06:27 pm
In Association of Guineans in Atlanta, Inc. v. Dekalb County, Georgia, the Supreme Court of Georgia reaffirmed the rule that a constitutional challenge to a zoning decision must be made before the zon...
Wills May Impose a Penalty on Challengers 25 Jan 2013 | 06:00 pm
In the first group of decisions issued by the Georgia Supreme Court in 2013, the court reviewed a trial court's decision allowing a lawsuit to determine the enforcement of a clause in a will that canc...
Failure to Disclose Defects in Sale of Homes 23 Jan 2013 | 06:17 pm
In Georgia, the seller of a home pursuant to a form supplied by a real estate agent can result in a duty by the seller to disclose the existence of problems with the home. Georgia sales contracts oft...
