The Taylor County Board of Education conveyed a school building to the Mauk-Charing-Norwich Community Club in 1956 while retaining a reversionary interest in the property. In 1970 the Club obtained ownership of all rights in the school building when the Board quit claimed to it the entire property, including the reversionary interest. However, in 2002 the Board conveyed its purported reversionary interest in the school building to Michelle Smith. The Club, through its officers, brought a declaratory judgment action and sought injunctive relief. Smith answered and counterclaimed for defamation and RICO violations predicated upon alleged acts of burglary, conspiracy and arson. The trial court granted summary judgment in favor of the Club and Smith appeals.
1. Smith does not challenge the trial court’s determination that the Club is the owner of the school property. Rather, in her sole enumeration of error regarding that property, Smith contends that a quiet title action, not a declaratory judgment action, was the proper
procedural vehicle to resolve the parties’ dispute and that the Club’s action should be dismissed for failure to utilize the quiet title procedure, citing
Porter v. Houghton,
2. In support of her claim that the Club was involved in the fire that destroyed other property she owns, Smith adduced only one conclusory affidavit,
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which the trial court properly determined failed to create any genuine issue of material fact regarding a nexus between the crimes and the Club. Accordingly, summary judgment to the Club on this claim was proper.
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See generally
3. We find no error in the trial court’s grant of summary judgment to the Club on Smith’s defamation claim, given that Smith adduced no evidence setting forth the alleged defamatory language. See
Palombi v. Frito-Lay, Inc.,
Judgment affirmed.
Notes
This Court noted that in such circumstances an action to quiet title against all the world, OCGA § 23-3-60, would be an available remedy.
The affidavit consisted of the bare averral by Smith’s investigator that he “believed” two named individuals were responsible for the fire at her property.
Smith asserts no errors regarding the grant of summary judgment to the Club on her RICO claim and the other predicate acts she alleged in support of that claim.
