Calhoun GA NG, LLC v. Century Bank
320 Ga. App. 472
| Ga. Ct. App. | 2013Background
- Bank owns Tract 2 and Calhoun owns Tract 1; they are subject to a 1993 Reciprocal Easement and Restrictive Covenant Agreement recorded by predecessors-in-title.
- Bank plans to construct a convenience store and gas fueling facility on Tract 2; prior tenants on Tract 2 included a car dealership until 2009.
- Agreement grants reciprocal easements for Pedestrian/vehicular traffic, utilities, drainage, and parking across Tract 2 for Tract 1, and imposes restrictive covenants regarding visibility, parking, and traffic flow.
- Article V No Dedication reserves to owners the right to expand, alter, modify, or develop buildings on their tracts, subject to Articles I–II.
- Bank filed for declaratory judgment and moved for summary judgment; trial court granted summary judgment.
- Calhoun appeals, arguing the Agreement fixes easements and that relocation of easements would violate Georgia law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Agreement authorizes relocation of easements benefitting Tract 1. | Calhoun: no relocation allowed that would alter fixed easements. | Bank: Article I–III permit expansion and relocation so long as easements remain; intent to preserve easements. | Relocation permitted if within Agreement terms; easements preserved. |
| Whether the Bank's proposed development complies with visibility and parking requirements as per the Agreement. | Calhoun: development blocks visibility/parking per covenants. | Bank: development complies with covenants; no material breach. | Issue waived on appeal; not reviewed. |
Key Cases Cited
- SunTrust Bank v. Fletcher, 248 Ga. App. 729 (2001) (relocation rights under easement language upheld)
- Wilcox Holdings, Ltd. v. Hull, 290 Ga. App. 179 (2008) (right to relocate buildings/parking while maintaining easement)
- Sloan v. Sarah Rhodes, LLC, 274 Ga. 879 (2002) (express grant/deed language controls relocation of easement)
- Pinnacle Properties V v. Mainline Supply of Atlanta, 319 Ga. App. 94 (2012) (waiver/appearance rules in summary judgment appeals)
- Municipal Elec. Auth. of Ga. v. Gold-Arrow Farms, 276 Ga. App. 862 (2005) (evidence and contract interpretation standards)