Justice v. Dunbar

Bowles, Justice.

This case is here by grant of writ of certiorari from the Court of Appeals’ opinion of Justice v. Dunbar, 149 Ga. App. 485 (254 SE2d 713) (1979). Justice and Dunbar were adjoining land owners. Justice sued Dunbar seeking to establish a private right-of-way over a road on Dunbar’s property and to enjoin Dunbar’s obstruction of the road. The trial court granted summary judgment in favor of Dunbar and the Court of Appeals affirmed. We reverse.

The Court of Appeals, in its opinion, refused to consider a contention 1 raised by Justice on the ground that he had failed to cite any…