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DOVETAIL PROPERTIES, INC. v. HERRON

No. A07A1248.

652 S.E.2d 856 (2007)

DOVETAIL PROPERTIES, INC. v. HERRON et al.

Court of Appeals of Georgia.

October 11, 2007.

Attorney(s) appearing for the Case

Schreeder, Wheeler & Flint, Mark W. Forsling, Atlanta, for Appellant.

Smith, Gambrell & Russell, Kathryn M. Zickert, Atlanta, for Appellees.

SMITH, Presiding Judge.

In this condemnation case governed by OCGA § 44-9-40(b), Dovetail Properties, Inc. ("Dovetail") sought a private way of necessity over a private access easement on land owned by Michael Herron and Joyce R. Drayton, in order to access a public roadway. The trial court denied Dovetail's petition for a private way based upon its conclusion that the necessity was created by "voluntary landlock." Dovetail appeals, contending that the trial...

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