WS CE RESORT OWNER, LLC v. HOLLAND

S22G0030.

884 S.E.2d 282 (2023)

WS CE RESORT OWNER, LLC, v. HOLLAND et al.

Supreme Court of Georgia.

Decided: February 21, 2023.


Attorney(s) appearing for the Case

Edward Davison Burch, Jr. , Smith, Gambrell & Russell, LLP, 1105 W. Peachtree Street, NW, Suite 1000, Atlanta, Georgia 30309, Edward H. Wasmuth, Jr. , Leah Ward Sears , Smith, Gambrell & Russell, LLP, 1105 W. Peachtree Street, N.E., Suite 1000, Atlanta, Georgia 30309-3608, Jeffrey Spencer Haymore , Julie Louise Sellers , Randolph Baxter Russell , Dillard Sellers, LLC, 1776 Peachtree Street, Suite 415-S, Atlanta, Georgia 30309, John O'Shea Sullivan , Burr & Forman LLP, 171 17th Street, N.W., Suite 1100, Atlanta, Georgia 30363, Kevin Robert Stone , Sugarman Law, LLP, 154 Krog Street, Suite 190, Atlanta, Georgia 30307, for Appellant.

Joshua Adam Scoggins , Kenneth Stanton Kincaid, III , A.D.A., Miles Hansford & Tallant, LLC, 202 Tribble Gap Road, Suite 200, Cumming, Georgia 30040, for Amicus Appellant.

John Elwin Stell, Jr. , Stell, Smith & Mattison, P.C., P.O. Box 644, Winder, Georgia 30680, for Appellee.


A resort community in North Georgia includes a golf course next to a subdivision. The current owner of the resort wants to redevelop the golf course into a residential property, and several homeowners in the subdivision sued to stop it. The trial court concluded that the homeowners had an easement in the golf course and granted...

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