May v. Brueshaber

Sears, Justice.

The appellants, Dale and Elmira May, are neighbors of the ap-pellee, John Brueshaber. The Mays filed this action to enjoin Brueshaber from constructing two chicken houses on his property. At the close of the trial on the Mays’s request for a permanent injunction, the trial court directed a verdict in favor of Brueshaber. The trial court later awarded Brueshaber expenses of litigation and attorney fees on the ground that the Mays’s action lacked substantial justification as defined by OCGA § 9-15-14. The Mays appeal from both orders. Because we conclude that a factual question…