Redfearn v. Huntcliff Homes Ass'n

ELDRIDGE, Judge.

In Redfearn v. Huntcliff Homes Assn., 243 Ga. App. 222 (531 SE2d 376) (2000), this Court found that summary judgment as to the grant of a permanent injunction against Alec F. and Margaret A. Redfearn for failure to obtain prior approval of the construction of a retaining wall was correct as a violation of the restrictive covenants and of the agreement over the proposed plans for the new house; however, this Court went on to hold that factual issues existed as to the defense of laches and as to bad faith litigation expenses under OCGA § 13-6-11, which had to be tried.1 On…