Meinhardt v. Christianson
314 Ga. App. 705
Ga. Ct. App.2012Background
- Meinhardt and Christianson entered into an oral contract in April 2003 to swap 0.23 acres for $1,000, a 0.23-acre parcel from Meinhardt, and Meinhardt’s promise to build a fence; no deeds were exchanged and no closing occurred.
- Meinhardt transferred his 0.23-acre parcel to Christianson and paid $1,000, which she cashed; Meinhardt began building the fence along Christianson’s property.
- Christianson’s ex-husband, Russell Tillman, held a right of first refusal on any sale, and refused to permit the contemplated sale.
- Meinhardt used the driveway for approximately three years, including 2005 improvements funded with dirt and a backhoe to enhance access to his winery.
- In 2006 Christianson’s attorney sent Meinhardt a $1,000 check as a return of payment and demanded cessation of use, prompting Meinhardt to sue for specific performance and injunctive relief; on remand, the trial court found no parol license and that the contract for sale was unenforceable, but considered whether a parol license ripening into an irrevocable easement existed.
- This Court previously held that the trial court’s initial decision relied on an erroneous legal conclusion regarding parol license and remanded for further proceedings consistent with that ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prior appeal established a parol license ripening into an irrevocable easement | Meinhardt says the prior opinion established a license ripening into an easement. | Christianson contends no license or easement was proven. | No, prior opinion did not establish a license or irrevocable easement. |
| Whether the trial court erred in finding no parol license to use the .23-acre tract | Meinhardt asserts evidence supported a parol license. | Christianson argues there was no license; intent showed sale transaction, not license. | The court affirmed the finding that no parol license existed. |
Key Cases Cited
- Milton Frank Allen Publications v. Ga. Assn. of Petroleum Retailers, 223 Ga. 784 (1967) (interlocutory injunction standards; emphasis on purpose of injunction)
- Forsyth County v. Waterscape Svcs., 303 Ga. App. 623 (2010) (parol license and easement analysis; implied licenses)
- Dortch v. Atlanta Journal, 261 Ga. 350 (1991) (notice of interlocutory hearing; final determination on merits possible)
- Morgan v. Howard, 285 Ga. 512 (2009) (admissions in judicio; contextual reading of statements)
- Ga. Canoeing Assn. v. Henry, 263 Ga. 77 (1993) (bench trial on merits may consider evidence from interlocutory proceedings)