Dovetail Properties, Inc. v. Herron

SMITH, Presiding Judge.

In this condemnation case governed by OCGA § 44-9-40 (b), Dovetail Properties, Inc. (“Dovetail”) sought a private way of necessity over a private access easement on land owned by Michael Herron and Joyce R. Drayton, in order to access a public roadway. The trial court denied Dovetail’s petition for a private way based upon its conclusion that the necessity was created by “voluntary landlock.” Dovetail appeals, contending that the trial court erred by: (1) denying its petition for a private way of necessity, and (2) failing to enter a default judgment in its favor. For…