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U.S.A. GAS, INC. v. WHITFIELD COUNTY

No. A09A0625.

681 S.E.2d 658 (2009)

U.S.A. GAS, INC. et al. v. WHITFIELD COUNTY, Georgia et al.

Court of Appeals of Georgia.

July 9, 2009.

Attorney(s) appearing for the Case

Gregory H. Kinnamon, Dalton, for appellants.

McCamy, Phillips, Tuggle & Fordham, Robert H. Smalley III, Dalton, Todd M. Johnson, Cohutta, for appellees.

BERNES, Judge.

Whitfield County brought a complaint for declaratory judgment against U.S.A. Gas, Inc. and Arthur S. Watkins (the "defendants") seeking a declaration of the parties' rights with respect to a 30,000-gallon liquefied petroleum gas tank operated by U.S.A. Gas on Watkins's property. Pursuant to the consent of the parties, the trial court allowed the defendants' neighboring property owner, Stephan Fromm, to intervene as a party plaintiff. Based on a stipulated...

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