Kammerer Real Estate Holdings, LLC v. PLH Sandy Springs, LLC
Court of Appeals of Georgia
1Opinion of the Court
Branch, Judge.
The question in this suit is whether the appellant, defendant below, has a duty pursuant to an express easement to maintain and repair a sewer line that traverses the appellee’s property. We agree with the trial court that the appellant has such a duty as a matter of law, based on the plain language of the relevant deed.
This appeal comes to us following summary judgment in favor of the appellee. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). We review a grant or denial of…
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