Camp Cherokee, Inc. v. Marina Lane, LLC
316 Ga. App. 366
| Ga. Ct. App. | 2012Background
- Camp Cherokee owns lake bed and shoreline; Georgia Power easement allows flow/back water to 1866-foot contour, but Camp Cherokee retains fee simple ownership.
- Marina Lane, LLC formed to erect and maintain a dock; its lots in Block 11 were not adjacent to the lake and deeds lacked express lake access easements.
- In 2007–2008 Marina Lane sought permits; Georgia Power licensed a dock within its easement, expressly stating no invitation to use lake lands and no claim to lakebed ownership.
- On September 16, 2008 Marina Lane erected a dock attached to Camp Cherokee’s lake bed; Camp Cherokee notified Marina Lane that permission was lacking and threatened action.
- Marina Lane did not remove the dock; Camp Cherokee filed nuisance/trespass suit; auditor ruled for Marina Lane but trial court reversed and later denied attorney fees and punitive damages, which the Court of Appeals partially reversed and affirmed on different issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Marina Lane had a legal right to access the lake and maintain the dock | Camp Cherokee argues no legal right exists. | Marina Lane contends an irrevocable implied easement or license exists under cited precedent. | The trial court properly rejected the auditor's erroneous legal conclusions; Marina Lane lacks a legal right. |
| Whether the auditor's report could be presented to the jury | Noncompliant report should not be read to jurors; exceptions were proper. | Auditor's findings should be considered by jury. | No reversible error; the noncompliant report was not presented to the jury. |
| Whether new damages evidence post-auditor proceedings could be admitted | Damages after the auditor should be admissible under proper measures of damages. | New evidence should be excluded under OCGA 9-7-19. | The court properly allowed newly discovered damages evidence. |
| Whether Camp Cherokee is entitled to attorney fees under OCGA § 13-6-11 | Bad faith and intentional trespass justify attorney fees. | No bad faith shown; fees should not be awarded. | There is some evidence of bad faith; the issue should go to the jury. |
| Whether Camp Cherokee is entitled to punitive damages under OCGA § 51-12-5.1(b) | Willful, knowing trespass and nuisance support punitive damages. | Question of punitive damages requires more proof. | Material questions of fact exist to submit punitive damages to the jury. |
Key Cases Cited
- Walker v. Duncan, 236 Ga. 331 (Ga. 1976) (irrevocable easement principle rejected without premium evidence)
- Forsyth County v. Martin, 279 Ga. 215 (Ga. 2005) (lakefront easement via subdivision plat when evidenced by price premium)
- Peck v. Lanier Golf Club, 315 Ga. App. 176 (Ga. App. 2012) (implied easement not shown where plat lacks lake adjacency)
- De Castro v. Durrell, 295 Ga. App. 194 (Ga. App. 2008) (no implied easement where plat does not designate common area)
- LN West Paces Ferry Assocs. v. McDonald, 306 Ga. App. 641 (Ga. App. 2010) (evidence supports punitive damages where entry onto property is unauthorized)
- Merlino v. City of Atlanta, 283 Ga. 186 (Ga. 2008) (bad faith can be shown by deliberate acts in trespass cases warranting fees)
- Tyler v. Lincoln, 272 Ga. 118 (Ga. 2000) (material questions support punitive damages where defendant knew of trespass and did not act)
- Exchange Nat. Bank &c. v. McDonald, 179 Ga. 464 (Ga. 1934) (auditor findings must be separated and read correctly to avoid prejudice)
- Shaver v. Kawasaki Motors Corp., 273 Ga. App. 140 (Ga. App. 2005) (indicates need for proper handling of evidence and prejudice concerns)
- Eardley v. McGreevy, 279 Ga. 562 (Ga. 2005) (jurisdiction over exceptions to auditor report remains with trial court)
- Higgins v. Odom, 246 Ga. 309 (Ga. 1980) (adjacent lake easement analysis tied to plat and price premium)