Mansour Properties, L.L.C. v. I-85/GA. 20 Ventures, Inc.

Thompson, Justice.

The parties own as tenants in common approximately 110 acres of undeveloped real property in Gwinnett County, Georgia. Appellee I-85/Ga. 20 Ventures, Inc. (“Í-85”) successfully petitioned the superior court for statutory partition of the property. Appellants Mansour Properties, L.L.C. and Lifestyle Family, L.P. (“Mansour”) appeal, asserting, inter alia, that 1-85 waived the right to seek partition based on the provisions of a written agreement between the parties. We agree and reverse the judgment of the court below.

In 1996, I-85’s predecessor in interest contracted for the…