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APPALACHEE ENTERPRISES, INC. v. WALKER

No. S95A1070.

463 S.E.2d 896 (1995)

266 Ga. 35

APPALACHEE ENTERPRISES, INC. v. WALKER et al.

Supreme Court of Georgia.

December 4, 1995.

Attorney(s) appearing for the Case

Ronald J. Doeve, Duluth, for appellant.

Florence J. Lytle, Duluth, Steven A. Pickens, Webb, Tanner & Powell, Lawrenceville, Lawrence J. Hogan, Chambers, Mabry, McClelland & Brooks, Lawrenceville, Susan L. Howick, Macey, Wilensky, Cohen Wittner & Kessler, Daniel M. Formby, Senior Asst. Atty. Gen., Michael J. Bowers, Atty. Gen., Department of Law, James C. Grant, Alston & Bird, Atlanta, William A. Morrison, Jones, Morrison & Womack, Atlanta, Schuyler Elliott, Decatur, James R. Thompson, Southern Bell, Patrick F. Henry, Jr., Shapiro & Swertfeger, Atlanta, Mark J. Siskin, Zion, Tarleton & Siskin, P.C., Tucker, for appellees.

HINES, Justice.

At issue is the retrospective application of OCGA § 44-5-60(d).

Appalachee Enterprises, Inc. purchased 43 of the then 46 lots (later increased to 50 lots) within the Pleasant Acres subdivision in Gwinnett County on October 22, 1973. One month earlier, the developer for Pleasant Acres had recorded a final plat containing covenants restricting the use of the lots. The covenants purported to remain in effect for 30 years, that is, until September...

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