Wright v. VIF/Valentine Farms Building One, LLC
308 Ga. App. 436
| Ga. Ct. App. | 2011Background
- Wright sues for trespass over a boundary dispute involving two alleged hog wire fences, asserting against prior owners, the developers, and the current occupant.
- In 1992 Valentine sold to PCP; the tract later went to Grove Street Partners, then to VFL, then to VIF, separating Valentine family ownership from the disputed boundary.
- Beginning 2005, contractors allegedly breached and destroyed the Wright-alleged boundary fence and related features during warehouse development.
- Wright sought injunctive relief and damages; the court granted a TRO, dissolved it after hearing, and later ordered Wright not to disturb the disputed area during litigation.
- Valentine and PCP moved for summary judgment; the trial court granted it in 2009, and Wright appealed arguing misapplication of precedent and disputed material facts.
- The appellate court held summary judgment improper on the theory that Valentine/PCP may have conveyed land they did not own, and upheld spoliation findings and sanctions while reversing in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether Valentine/PCP liable for trespass via schrenk theory | Wright argues Whitaker Acres v. Schrenk applies; sellers liable for trespass by conveying disputed land. | Valentine/PCP contend Schrenk does not apply; no knowledge of disputed lines frees them. | summary judgment reversed; issue of fact on knowledge of dispute |
| spoliation findings supported | Wright contends no competent evidence of spoliation. | Defendants argue the evidence showed wilful destruction or alteration. | spoliation findings supported; not clearly erroneous |
| sanctions appropriate for spoliation | Wright claims sanctions were too harsh and improperly tailored. | Defendants contend sanctions appropriately reflect prejudice and culpability. | sanctions upheld; remedies tailored to respondents |
Key Cases Cited
- Whitaker Acres v. Schrenk, 170 Ga.App. 238 (1984) (seller liable for trespass when knowingly conveying disputed land)
- Bridgestone/Firestone North American Tire v. Campbell, 258 Ga.App. 767 (2002) (spoliation and sanctions broad discretion)
- Simmons v. Community Renewal and Redemption, LLC, 286 Ga. 6 (2009) (adverse possession and claim of right considerations)
- Lanier v. Burnette, 245 Ga.App. 566 (2000) (trespass liability when survey or belief of ownership is mistaken)
- Wal-Mart Stores v. Lee, 290 Ga.App. 541 (2008) (case-by-case sanctions; evaluating prejudice and fairness)