Aliabadi v. McCar Development Corp.
Court of Appeals of Georgia
1Opinion of the Court
Mikell, Judge.
On January 29, 1998, Dr. Shahrouz K. Aliabadi, and his wife, Jeanel Carlson, (“appellants”) purchased a home in a DeKalb County subdivision from McCar Development Corporation (“MDC”), the builder of the home and developer of the subdivision. After the closing, appellants discovered that their house encroached upon a DeKalb County easement for an underground water line. Seeking rescission of the contract and damages for fraud, they sued MDC. MDC was granted summary judgment, and this appeal followed. We affirm.
On appeal of a grant of summary judgment, the appellate court must…
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