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POSTNIEKS v. CHICK-FIL-A, INC.

No. A07A0270.

647 S.E.2d 281 (2007)

POSTNIEKS et al. v. CHICK-FIL-A, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied June 7, 2007.

Attorney(s) appearing for the Case

Scheer, Jackson, Cohen & Schoenberg, Brant Jackson Jr., Atlanta, for appellants.

Schulten, Ward & Turner, Kevin L. Ward, Joseph L. Kelly, Hunton & Williams, Matthew J. Calvert, Ashley F. Cummings, Atlanta, for appellees.

BLACKBURN, Presiding Judge.

The trustees of two testamentary trusts filed this declaratory judgment action seeking to enjoin defendant Chick-fil-A's use of a curb cut and driveway located on property owned by the trusts and bordering property currently leased to Chick-fil-A. The trial court granted Chick-fil-A's motion for summary judgment, finding that Chick-fil-A had acquired an irrevocable license to use the curb cut and driveway, and the trustees now appeal. We...

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