CHURCH OF THE NATIVITY, INC. v. WHITENER

No. A00A2307.

547 S.E.2d 587 (2001)

249 Ga. App. 45

CHURCH OF THE NATIVITY, INC., v. WHITENER, et al.

Court of Appeals of Georgia.

Reconsideration Denied April 9, 2001.


Attorney(s) appearing for the Case

Davis & Kreitzer, John W. Davis, Jr., Rossville, William M. Phillips, Ringgold, for appellant.

Clifton M. Patty, Jr., Ringgold, for appellees.


PHIPPS, Judge.

This is a dispute over the ownership of an easement traversing a tract of land belonging to the Church of the Nativity, Inc. ("the Church"). The easement connects an adjacent roadway with another tract, owned by Michael and Glenda Whitener, that adjoins the Church's property. The trial court ruled that the Whiteners have valid title to the easement and that the Church committed laches by failing to timely assert its claim to the land. The court entered...

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