Hale v. City of Statham

Fletcher, Presiding Justice.

This case involves an alley. Property owners Carl and Martha Hale sought both a declaratory judgment that the alley behind their lots was never dedicated to the city for public use and an injunction to prevent the city from opening the alley. The trial court granted summary judgment to the city, concluding that it exercised dominion and control of the alley by removing the property from the tax rolls. Because the property owner presents evidence that raises disputed issues of material fact concerning whether the city exercised control over the alley, we reverse.

In…