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KACE INVESTMENTS, L.P. v. HULL

Nos. A03A1012, A03A1013.

587 S.E.2d 800 (2003)

263 Ga. App. 296

KACE INVESTMENTS, L.P. v. HULL et al.; and vice versa.

Court of Appeals of Georgia.

Certiorari Denied January 20, 2004.

Attorney(s) appearing for the Case

Johnston, Wilkin & Williams, William J. Williams, Fleming, Jackson, Ingram & Floyd, William M. Fleming, William A. Trotter III, Warren D. Evans, Augusta, for appellant.

Tucker, Everitt, Long, Brewton & Lanier, John B. Long, A. Montague Miller, Augusta, for appellees.

MILLER, Judge.

James M. Hull owns land developed as a shopping center adjacent to land owned and developed by Kace Investments, L.P. The two tracts of land are subject to mutual easements. Hull erected a fence between the two tracts, claiming that Kace forfeited its easement over his land when it refused to maintain sufficient qualified parking spaces on its land. Kace sued Hull to have the fence removed. Hull counterclaimed...

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