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CITY OF CHAMBLEE v. MAXWELL

S94G0850.

264 Ga. 635 (1994)

CITY OF CHAMBLEE v. MAXWELL.

Supreme Court of Georgia.

Decided November 21, 1994.

Attorney(s) appearing for the Case

Jenkins & Eells, Kirk R. Fjelstul, for appellant.

Richardson & Chenggis, George G. Chenggis, Sullivan, Hall, Booth & Smith, Jeffrey T. Wise, for appellee.

CARLEY, Justice.

Seeking damages for continuing trespass, appellee-plaintiff brought suit against appellant-defendant City of Chamblee. The trial court granted the City's motion for summary judgment, based upon appellee's failure to have given any written ante litem notice in accordance with OCGA § 36-33-5. The Court of Appeals affirmed in part and reversed in part, holding as follows:

"Notice given within six months from the expiration of the four-year...

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