Legal Opinion

smith/burns LLC v. 905 Bernina Avenue Cooperative, Inc.

Court of Appeals of Georgia

Decided June 27, 2017No. A17A0062, A17A0063PublishedCited by 14 opinions

1Opinion of the Court

McFADDEN, Presiding Judge.

This is a dispute between neighbors over the actual location of their common boundary line and the existence of easements in a disused railroad spur track and an alley. The spur track is on the boundary line between the two properties. The alley runs alongside both properties and provides access from a public street to the spur track. The parties to the litigation are plaintiffs Smith/Burns LLC, which owns property located at 331 Elizabeth Street, and its members, Gerald R. Burns and David P Smith (collectively, “the plaintiffs”); and defendants 905 Bernina Avenue…

2Cases cited39 opinions

  1. Cowart v. WidenerSupreme Court of Georgia · 2010
  2. Brigham v. OverstreetSupreme Court of Georgia · 1907
  3. Johnson & Co. v. ArnoldSupreme Court of Georgia · 1893
  4. Wolff v. SampsonSupreme Court of Georgia · 1905
  5. Irvin v. Laxmi, Inc.Supreme Court of Georgia · 1996

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3Cited by14 opinions

  1. BROWN v. SAPP; And Vice Versa.Court of Appeals of Georgia · 2019
  2. Cherokee Main St., LLC v. Ragan. TJX Cos.Court of Appeals of Georgia · 2018
  3. BROWNPHIL, LLC v. PETER KOFI AMIHERE CUDJOECourt of Appeals of Georgia · 2024
  4. CAROLYN JONES v. LICK LOG CREEK, INC.Court of Appeals of Georgia · 2023
  5. CHRISTOPHER EDWARDS v. DAVID DIXONCourt of Appeals of Georgia · 2024

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