Smith v. Gwinnett County

Carley, Justice.

This is the third appeal arising from litigation between the Smiths and Gwinnett County concerning the destruction of the dam on the Freeman Lake property. In Smith v. Gwinnett County, 268 Ga. 179 (486 SE2d 151) (1997) (Smith I), we affirmed the trial court’s grant of a preliminary injunction barring the Smiths from undertaking any further construction activity on the property, its subsequent finding that the Smiths were in criminal contempt of the injunction, and its eventual order that the County restore the property at the Smiths’ expense. In Smith v. Gwinnett County, 270…