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BROCKWAY v. HARKLEROAD

No. A05A0252.

615 S.E.2d 182 (2005)

273 Ga. App. 339

BROCKWAY et al. v. HARKLEROAD et al.

Court of Appeals of Georgia.

May 20, 2005.

Attorney(s) appearing for the Case

Jeffrey H. Schneider, Weissman, Nowack, Curry & Wilco, Atlanta, for appellants.

David H. Flint, Lynn C. Stewart, Schreeder, Wheeler & Flint, Atlanta, Gerald Davidson, Jr., Davidson & Tucker, Duluth, for appellees.

ANDREWS, Presiding Judge.

At issue is whether over 90 percent of the lot owners in a subdivision restricted to residential development by a recorded declaration of covenants and restrictions properly used an amendment provision in the declaration to shorten the duration of the declaration and terminate the covenants and restrictions. In the first appearance of this case, we held in Licker v. Harkleroad, 252 Ga.App. 872...

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