City of East Point v. Gatewood

Supreme Court of Georgia

City of East Point v. Gatewood

171 S.E.2d 496, 225 Ga. 696, 1969 Ga. LEXIS 618

CourtSupreme Court of Georgia

DecidedNovember 6, 1969

Docket25478

StatusPublished

Cited by1 cases

This text of 171 S.E.2d 496 (City of East Point v. Gatewood) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of East Point v. Gatewood, 171 S.E.2d 496, 225 Ga. 696, 1969 Ga. LEXIS 618 (Ga. 1969).

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Opinion

Felton, Justice.

Where the appellee homeowners obtained a judgment granting a temporary injunction against the appellant city from trespassing upon their property by allowing surface water to accumulate thereon due to appellant’s construction and maintenance of a street and a catch basin, the appellant’s acquiescence in said judgment, by its installation of improvements on appellees’ property which, by the appellees’ uncontroverted admission, corrected the conditions enjoined, renders the appeal from the judgment granting the [697]*697temporary injunction moot; therefore, the appeal must be, and is,

Submitted October 15, 1969 Decided November 6, 1969. Archer, Patrick, Sidener & Thomason, James H. Archer, Jr., R. William Hamner, for appellant. Albert A. Roberts, Hutcheson, Kilpatrick, Watson, Crumbley .& Brown, Lee Hutcheson, George T. Brown, Jr., for appellees.

Dismissed.

All the Justices concur.

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Felton, Justice.

Where the appellee homeowners obtained a judgment granting a temporary injunction against the appellant city from trespassing upon their property by allowing surface water to accumulate thereon due to appellant’s construction and maintenance of a street and a catch basin, the appellant’s acquiescence in said judgment, by its installation of improvements on appellees’ property which, by the appellees’ uncontroverted admission, corrected the conditions enjoined, renders the appeal from the judgment granting the [697]*697temporary injunction moot; therefore, the appeal must be, and is,

Submitted October 15, 1969 Decided November 6, 1969. Archer, Patrick, Sidener & Thomason, James H. Archer, Jr., R. William Hamner, for appellant. Albert A. Roberts, Hutcheson, Kilpatrick, Watson, Crumbley .& Brown, Lee Hutcheson, George T. Brown, Jr., for appellees.

Dismissed.

All the Justices concur.

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Bluebook (online)

171 S.E.2d 496, 225 Ga. 696, 1969 Ga. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-east-point-v-gatewood-ga-1969.

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