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RHODES v. ANCHOR RODE CONDO. HOMEOWNER'S

No. S98A1297.

508 S.E.2d 648 (1998)

270 Ga. 139

RHODES v. ANCHOR RODE CONDOMINIUM HOMEOWNER'S ASSOCIATION, INC., et al.

Supreme Court of Georgia.

November 9, 1998.

Attorney(s) appearing for the Case

Frank Armstrong, III, Stewart, Melvin & Frost, LLP, Gainesville, for Blaine Rhodes.

Cary Douglas Cox, Blairsville, Lawrence S. Sorgen, Sorgen & Schindelar, Hiawassee, for Anchor Rode Condominium Homeowner's Association, Inc., et al.

FLETCHER, Presiding Justice.

A portion of the septic system for the Anchor Rode Condominium Homeowner's Association, Inc. lies on a 1.74 acre tract of land owned by Blaine and Sally E. Rhodes. Anchor Rode sought a judgment against Blaine Rhodes declaring the validity of its sewage system disposal easement and a permanent injunction enjoining Rhodes from interfering with the use of the easement. Rhodes counterclaimed for a judgment declaring that the Rhodes' property...

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