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ATLANTA-EAST, INC. v. TATE MOUNTAIN ASSOCIATES, INC.

No. S95A0848.

462 S.E.2d 613 (1995)

265 Ga. 742

ATLANTA-EAST, INC. v. TATE MOUNTAIN ASSOCIATES, INC.

Supreme Court of Georgia.

October 16, 1995.

Attorney(s) appearing for the Case

George T. Smith, Barnes, Browning, Tanksley & Casurella, Marietta, for Atlanta-East, Inc.

William H. Pickett, Jr., Jasper, for Tate Mountain Associates.

FLETCHER, Presiding Justice.

In this private way condemnation action under OCGA § 44-9-40, the trial court granted summary judgment to Tate Mountain, finding that Atlanta-East had other reasonable means of access to its property and, therefore, no necessity existed to condemn a private way across Tate Mountain's land. We reverse because Tate Mountain did not establish as a matter of law that Atlanta-East has other reasonable means of access to its property.<...

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