Lovell v. Hartness

Eldridge, Judge.

The Supreme Court of Georgia transferred this case because the case involves issues of law and not equity on an action for declaratory judgment of what appears to be a case involving title to land; however, the case depends upon the Declaration of Covenants to determine if a one-acre parcel (“Property”) adjacent to Duane Hartness’ residential Lot 20 and between his lot and the fourteenth hole of the golf course is either a lot or comes under “Golf Course Facilities” within the meaning of the Declaration.

On cross-motions for summary judgment, Hartness and Carlos Lovell…