Moody v. Degges

Johnson, Presiding Judge.

This is an action filed by Donald Moody and Kathleen Burke (referred to collectively as “Moody”) under OCGA § 44-9-1, seeking to protect and continue their use of private ways they contend were created by prescription. The record shows that Moody purchased a tract of land in Cherokee Meadows subdivision in September 1986. Moody used this property regularly as a weekend and summer home until August 1999, when Donald and Martha Degges (referred to collectively as “Degges”) purchased the neighboring tract and a dispute arose concerning Moody’s entitlement to use Degges’…