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BMH REAL ESTATE PARTNERSHIP v. MONTGOMERY

No. A00A1337.

540 S.E.2d 256 (2000)

246 Ga. App. 301

BMH REAL ESTATE PARTNERSHIP v. MONTGOMERY et al.

Court of Appeals of Georgia.

October 6, 2000.

Attorney(s) appearing for the Case

Richard Sutton, Rome, for appellant.

Robert N. Farrar, Rome, for appellees.

MILLER, Judge.

Hugh L. Montgomery, Jr. ("Jack") and Hugh L. Montgomery III, both individually and as co-executors under the will of Agnes L. Montgomery, filed a petition against BMH Real Estate Partnership ("BMH") seeking to remove an obstruction from an alleged private way across the property of BMH. According to the petition, BMH constructed a new road in nearly the same location as a preexisting road ("the old roadway...

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