Legal Opinion

Licker v. Harkleroad

Court of Appeals of Georgia

Decided November 20, 2001No. A01A1221PublishedCited by 12 opinions

1Opinion of the Court

Pope, Presiding Judge.

Covenants and restrictions applicable to the residential real estate development at issue in this case provide that they can be amended if 90 percent of the lot owners agree. Ninety percent of the lot owners, who wanted to allow commercial use of the property, attempted to amend the covenants and restrictions so that they no longer applied to the voting owners’ lots. Ten dissenting residents claim that these amendments are invalid because they do not apply uniformly to all lots in the development, they exceed the power to amend provided by the covenants, and the majority…

2Cases cited15 opinions

  1. Montoya v. BarrerasNew Mexico Supreme Court · 1970
  2. Shoaf v. BlandSupreme Court of Georgia · 1952
  3. Simpson v. BrownSupreme Court of Georgia · 1926
  4. Davis v. MillerSupreme Court of Georgia · 1957
  5. Hoover v. WaggomanNew Mexico Supreme Court · 1948

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3Cited by12 opinions

  1. De Castro v. DurrellCourt of Appeals of Georgia · 2008
  2. Lee v. Puamana Community Ass'nHawaii Supreme Court · 2006
  3. Charter Club on the River Home Owners Ass'n v. WalkerCourt of Appeals of Georgia · 2009
  4. Mitchell v. Cambridge Property Owners Ass'nCourt of Appeals of Georgia · 2005
  5. Roberts v. LeeCourt of Appeals of Georgia · 2008

7 more not listed; retrieve them via the Exa API.

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