YAALI, LTD. v. BARNES & NOBLE, INC.

No. S98A0680.

506 S.E.2d 116 (1998)

269 Ga. 695

YAALI, LTD. et al. v. BARNES & NOBLE, INC. et al.

Supreme Court of Georgia.

September 14, 1998.


Attorney(s) appearing for the Case

Joseph R. Manning, Ann Reinhard Schildhammer, Leslie Anne Allen, Morris, Manning & Martin, L.L.P., Atlanta, for Yaali, Ltd., et al.

John G. Parker, Joseph Chandler Sharp, Paul, Hastings, Janofsky & Walker, Atlanta, for Barnes & Noble, Inc., et al.


FLETCHER, Presiding Justice.

At issue in this case is the existence of an easement. The trial court granted appellees' motion for summary judgment and declared that the easement did not exist. Because there was no unity of title at the purported creation of the easement and because estoppel alone cannot create an easement where none exists, we affirm.

Appellants Yaali, Ltd. and Malone's (collectively Yaali), and Appellees BN Development Co. and Barnes &...

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