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DESARNO v. JAM GOLF MANAGEMENT, LLC

No. A08A2438.

670 S.E.2d 889 (2008)

DeSARNO et al. v. JAM GOLF MANAGEMENT, LLC.

Court of Appeals of Georgia.

December 3, 2008.

Attorney(s) appearing for the Case

Winburn, Lewis & Stolz, Athens, Robert J. Grayson, for appellant.

Hicks, Casey & Foster, Richard C. Foster, Zachary M. Matthews, Marietta for appellees.

BLACKBURN, Presiding Judge.

In this nuisance and trespass action, James and Susan DeSarno sued the owner and operators of a golf course for injunctive relief and damages arising out of numerous errant golf balls (originating from defendants' adjacent golf course) striking their residence. Finding that their residence was subject to an express easement allowing the golf balls, the trial court granted summary judgment to the defendants, which the DeSarnos appeal. Because...

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