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RHODES v. BOARD OF HEALTH OF TOWNS COUNTY

No. S99A0262.

512 S.E.2d 890 (1999)

270 Ga. 565

RHODES v. BOARD OF HEALTH OF TOWNS COUNTY et al.

Supreme Court of Georgia.

February 22, 1999.

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 Board of Health of Towns County et al.

HUNSTEIN, Justice.

A portion of the septic system for the Anchor Rode Condominiums lies on a 1.74 acre tract of land owned by appellant Blaine Rhodes. In 1995 the Towns County Board of Health initiated an action against Rhodes to permanently enjoin him from interfering with the system. On May 14, 1997, the Anchor Rode Condominium Association intervened, seeking a similar injunction and a declaration that Rhode's title to the land was subordinate to an easement in...

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