Sherman v. Thomas-Lane American Legion Post 597

Ray, Judge.

Hiawatha Sherman appeals the trial court’s grant of summary judgment to the Thomas-Lane American Legion Post 597 (“Post 597”) on the issue of whether Post 597 had acquired prescriptive title to Sherman’s land by possession for more than 20 years under OCGA § 44-5-163. Sherman argues that, because material questions of fact remain, the trial court’s decision was in error. For the reasons that follow, we reverse the trial court’s order of summary judgment.

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material…