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YANCEY v. POE

No. A01A1803.

562 S.E.2d 798 (2002)

254 Ga. App. 410

YANCEY v. POE.

Court of Appeals of Georgia.

March 22, 2002.

Attorney(s) appearing for the Case

Terence G. Kelly, Atlanta, for appellant.

Greenberg Traurig, Atlanta, Robert E. Spears, Jr., Savannah, Michael J. King, Atlanta, for appellee.

BARNES, Judge.

Kyle Yancey sued Mickey Poe after Poe built a fence and erected a gate across a road providing the sole access to Yancey's property. Yancey contends that the trial court erred by granting summary judgment to Poe because the road on which the gate was placed is a dedicated public right-of-way. Because we find a genuine issue of material fact exists as to whether the gate is located within the public right-of-way, we reverse.1

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