Legal Opinion

DeSarno v. Jam Golf Management, LLC

Court of Appeals of Georgia

Decided December 3, 2008No. A08A2438PublishedCited by 7 opinions

1Opinion of the Court

BLACKBURN, Presiding Judge.

In this nuisance and trespass action, James and Susan DeSarno sued the owner and operators of a golf course for injunctive relief and damages arising out of numerous errant golf balls (originating from defendants’ adjacent golf course) striking their residence. Finding that their residence was subject to an express easement allowing the golf balls, the trial court granted summary judgment to the defendants, which the DeSarnos appeal. Because we agree with the trial court that the express easement precluded the DeSarnos’ action, we affirm.

Summary judgment is only…

2Cases cited16 opinions

  1. Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
  2. Sans v. Ramsey Golf & Country Club, Inc.Supreme Court of New Jersey · 1959
  3. Nussbaum v. LacopoNew York Court of Appeals · 1970
  4. Phillips Natural Gas Co. v. Cardiff, Texas Court of Appeals, 1st District (Houston)1991
  5. Reed v. AC McLoon & CompanySupreme Judicial Court of Maine · 1973

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3Cited by7 opinions

  1. Crabapple Lake Parc Community Ass'n v. CirceoCourt of Appeals of Georgia · 2013
  2. New Manchester Resort & Golf, LLC v. Douglasville Development, LLCDistrict Court, N.D. Georgia · 2010
  3. Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC)United States Bankruptcy Court, N.D. Georgia · 2015
  4. Danbert v. North Georgia Land Ventures, LLCSupreme Court of Georgia · 2010
  5. Crabapple Lake Park Community Association, Inc. v. Louis J. CirceoCourt of Appeals of Georgia · 2013

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

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