288 Ga. 767
Ga.2011Background
- State of Georgia, via the Department of Natural Resources, filed a quiet title action against Rozier et al. over Dick's Island in the Altamaha River.
- The island lies in a navigable river and the Rozier family cannot trace title to a crown grant or a Georgia state grant.
- OCGA § 50-16-1 provides that islands in navigable waters not deeded by crown or state grants belong to the state.
- Rozier claimed the island was recently formed by avulsion, not always an island, but offered no evidence of such avulsion.
- A special master recommended summary judgment for the State; Rozier appealed after interim procedural steps, and the superior court remanded for trial on the defense.
- This Court reversed, holding Rozier’s avulsion defense lacked evidentiary support and the State was entitled to summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does OCGA § 50-16-1 establish state ownership here? | State maintains island in navigable river is state property absent crown/state grants. | Rozier contends the land may not have always been an island; avulsion could create a non-state status. | Yes; state ownership under OCGA § 50-16-1. |
| Is Rozier's avulsion defense a viable triable issue of fact? | Affirmative defense is facially infirm and supported by no evidence. | Rozier asserts the island formed by avulsion, creating a genuine issue. | No; defense insufficient to preclude summary judgment. |
| Did the trial court properly handle the summary judgment posture? | State is entitled to judgment as a matter of law due to lack of viable defense. | Case should proceed to trial on Rozier's defense. | Judgment reversed; summary judgment for the State appropriate. |
Key Cases Cited
- Smith v. Gordon, 266 Ga.App. 814(1) (Ga. App. 2004) (summary judgment standard; piercing defenses)
- Rosales v. Davis, 260 Ga.App. 709 (Ga. App. 2003) (speculation not enough to preclude summary judgment)
- Medders v. Kroger Co., 257 Ga.App. 876 (Ga. App. 2002) (speculation insufficient to raise triable issue)
- Clay v. Oxendine, 285 Ga.App. 50 (Ga. App. 2007) (affirmative defenses must have evidence; not conjecture)
- Peppers v. Siefferman, 153 Ga.App. 206 (Ga. App. 1980) (piercing affirmative defenses; defense must be viable)