City of College Park v. 2600 Camp Creek, LLC

Miller, Judge.

The City of College Park sued 2600 Camp Creek, LLC, alleging that the private access road adjacent to Camp Creek’s apartment complex was a public nuisance, and demanding that the nuisance be abated. The trial court found that the road was not a public nuisance as a matter of law and granted summary judgment to Camp Creek on the City’s claims. The City appeals. Finding that there remain material issues of fact, we reverse.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. A de novo standard of…