HIGGINBOTHAM v. KNIGHT

No. A11A1036.

719 S.E.2d 1 (2011)

312 Ga. App. 525

HIGGINBOTHAM et al. v. KNIGHT.

Court of Appeals of Georgia.

Reconsideration Denied November 15, 2011.


Attorney(s) appearing for the Case

Haynie, Litchfield & Crane, Douglas R. Haynie , Daniel Walter White , Marietta, Barbara Alison Sosebee , Brock, Clay, Calhoun & Rogers, Richard W. Calhoun , Marietta, for appellants.

Sams, Larkin & Huff, James A. Balli , Marietta, for appellee.


BLACKWELL, Judge.

Gary Knight owns Lot 14 in Phase 2 of the Toccoa Heights subdivision in Fannin County, and Daryle and Rebecca Higginbotham own several adjacent lots in the same subdivision. Knight claims that he has an easement across the Higginbothams' lots, and he brought this suit against the Higginbothams and the developers of the subdivision, seeking a declaratory judgment as to the easement and injunctive relief to protect his right to use the easement from...

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