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ALIABADI v. McCAR DEV. CORP.

No. A01A0410.

547 S.E.2d 607 (2001)

249 Ga. App. 309

ALIABADI et al. v. McCAR DEVELOPMENT CORPORATION.

Court of Appeals of Georgia.

Reconsideration Denied April 20, 2001.

Attorney(s) appearing for the Case

Arthur F. Millard, Stanley M. Lefco, Atlanta, for appellants.

Morris, Manning & Martin, Ann R. Schildhammer, Claudia Anders, Atlanta, for appellee.

MIKELL, Judge.

On January 29, 1998, Dr. Shahrouz K. Aliabadi, and his wife, Jeanel Carlson, ("appellants") purchased a home in a DeKalb County subdivision from McCar Development Corporation ("MDC"), the builder of the home and developer of the subdivision. After the closing, appellants discovered that their house encroached upon a DeKalb County easement for an underground water line. Seeking rescission of the contract and damages for fraud, they sued MDC. MDC was...

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