KAMMERER REAL ESTATE v. PLH SANDY SPRINGS

No. A12A1435.

734 S.E.2d 249 (2012)

KAMMERER REAL ESTATE HOLDINGS, LLC v. PLH SANDY SPRINGS, LLC.

Court of Appeals of Georgia.

November 14, 2012.


Attorney(s) appearing for the Case

Craig K. Pendergrast , E. Peyton Nunez , Atlanta, for Appellant.

Dana Lewis Jackel , Christopher Lee Phillips , Marietta, for Appellee.


BRANCH, Judge.

The question in this suit is whether the appellant, defendant below, has a duty pursuant to an express easement to maintain and repair a sewer line that traverses the appellee's property. We agree with the trial court that the appellant has such a duty as a matter of law, based on the plain language of the relevant deed.

This appeal comes to us following summary judgment in favor of the appellee. Summary judgment is proper when there is no genuine...

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