Backus v. Ray Jones, Inc.

Birdsong, Judge.

Summary judgment. The facts show that in 1967 the appellee, Ray Jones, Inc., purchased a 90-acre tract for residential development. Its development procedure was to mark off the center line of the proposed roads and streets, grade and surface these roads and streets and lay in the curbing and sewers. Jones also cleared the common area in the development. Over a period of several years, Jones cleared nine subdivision units. It is uncontested that Jones gave specific instructions to the graders of the roadways and common areas that all trees and other debris would either be…