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GIVENS v. ICHAUWAY, INC.

No. S97A1074.

493 S.E.2d 148 (1997)

268 Ga. 710

GIVENS v. ICHAUWAY, INC.

Supreme Court of Georgia.

November 24, 1997.

Attorney(s) appearing for the Case

Kermit S. Dorough, Jr., Divine, Dorough & Sizemore, Albany, for Carroll Givens.

James C. Brim, Jr., Robert C. Richardson, Jr., Camilla, for Ichauway, Inc.

Michael Brian Terry, Paul Howard Schwartz, Bondurant, Mixson & Elmore, Julie Virginia Mayfield, Kilpatrick Stockton, LLP, Daniel I. MacIntyre, Wilson, Strickland & Benson, P.C., Atlanta, for Amicus Appellant.

Michael G. Gray, Walker, Hulbert, Gray & Byrd, Perry, Virginia Ware Killorin, Edward W. Killorin, Killorin & Killorin, Atlanta, for Amicus Appellee.

HINES, Justice.

Ichauway, Inc., d/b/a Joseph W. Jones Ecological Research Center ("Ichauway"), sued to enjoin Givens from trespassing on real property Ichauway leases, specifically Ichauwaynochaway Creek, which flows through Ichauway's leasehold. Ichauway leases the land on both sides of the creek for fourteen miles of its length and conducts ecological research on the stream. At one point on the stream a dam was installed...

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