Barngrover v. City of Columbus
292 Ga. 486
| Ga. | 2013Background
- This is a nearly 20-year Georgia land-use dispute between the City of Columbus and Barngrover arising from sinkholes and alleged sewer/storm-water leakage.
- In 1999 a jury awarded Barngrover monetary damages and equitable relief, directing abatement of nuisances and repair of Barngrover’s house to its 1991 condition.
- The trial court entered judgments in 1999–2000 and expressly retained jurisdiction to ensure completion of the equitable relief.
- Over the years the court issued multiple orders, ultimately appointing a special master in 2007 to enforce the December 1999 judgment.
- In 2011 the special master’s report was adopted, replacing Barngrover’s proposal with a plan routing drainage away from the house, which Barngrover challenged on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2011 equitable-remedy order conforms to the jury verdict | Barngrover argues the order diverges from the jury’s directive | City contends it complied with the verdict and the court’s equitable powers | Affirmed; court did not abuse discretion in tailoring equitable relief to what was feasible and aligned with the verdict |
| Whether the special master removal was warranted | Barngrover claimed the master was unqualified and exceeded duties | City contends appointment was proper and within trial court discretion | Affirmed; no abuse of discretion in appointing/removing the master |
| Whether the April 2010 vacatur of a March 2010 order was proper | Barngrover seeks reinstatement of the March 2010 order | New judge correctly vacated the former order after hearing objections | Affirmed; content showed the March 2010 order was conditional and properly vacated |
Key Cases Cited
- Holmes v. Henderson, 274 Ga. 8 (Ga. 2001) (trial court must conform judgment to jury verdict; broad equity power and discretion)
- Goode v. Mountain Lake Investments, 271 Ga. 722 (Ga. 1999) (equity jurisdiction allows flexible remedies)
- Luther v. Luther, 289 Ga. App. 428 (Ga. App. 2008) (equity retains jurisdiction to grant complete relief)
- Kerr v. Noble, 124 Ga. App. 722 (Ga. App. 1971) (modification of judgments consistent with jury verdict not improper eminent domain)
- Essex Group v. Southwire Co., 269 Ga. 553 (Ga. 1998) (equitable relief decisions reviewed for abuse of discretion)