Davidson Mineral Properties, Inc. v. Gifford-Hill & Co.

Hall, Justice.

Plaintiff Davidson Mineral Properties, Inc., (Davidson) owns land adjoining that leased to the defendant, Gifford-Hill & Co., Inc. (Gifford-Hill) through an option contract, where Gifford-Hill operates a rock quarry and stone crushing plant. After unsuccessfully fighting the grant of the permit necessary for Gifford-Hill to open its operations (Gifford-Hill & Co. v. Harrison, 229 Ga. 260 (191 SE2d 85)), Davidson sued Gifford-Hill alleging first, that Gifford-Hill’s permit was for the stone crushing plant only, and did not authorize the maintenance of a quarry, and second, that…