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CAPITOL INFRASTRUCTURE v. PLAZA MIDTOWN

No. A10A1193.

702 S.E.2d 910 (2010)

CAPITOL INFRASTRUCTURE, LLC v. The PLAZA MIDTOWN RESIDENTIAL CONDOMINIUM ASSOCIATION, INC.

Court of Appeals of Georgia.

November 16, 2010.

Attorney(s) appearing for the Case

Ernest L. Greer and Michael J. King , Atlanta, for appellant.

Lueder, Larkin & Hunter, Brendan R. Hunter and John T. Lueder , for appellee.

PHIPPS, Presiding Judge.

The Plaza Midtown Residential Condominium Association, Inc. petitioned the superior court for a declaratory judgment against Capitol Infrastructure, LLC, on the issue of whether the Association could terminate, pursuant to OCGA § 44-3-101 (c), certain telecommunications contracts. That Code provision allows for termination under certain circumstances, but only before the expiration of a specified 12-month period:

[A]ny management...

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