U. S. A. Gas, Inc. v. Whitfield County

Bernes, Judge.

Whitfield County brought a complaint for declaratory judgment against U. S. A. Gas, Inc. and Arthur S. Watkins (the “defendants”) seeking a declaration of the parties’ rights with respect to a 30,000-gallon liquefied petroleum gas tank operated by U. S. A. Gas on Watkins’s property. Pursuant to the consent of the parties, the trial court allowed the defendants’ neighboring property owner, Stephan Fromm, to intervene as a party plaintiff. Based on a stipulated set of exhibits and the arguments of the parties, the trial court found that (i) it was authorized to issue a declaratory…