Summary
In Griggs, the Supreme Court found that land was "involved" in a lawsuit brought by adjoining landowners for an injunction requiring the defendants to remove obstructions of a creek that caused unnatural amounts of water on their land.
Summary of this case from Colony Bank Southeast v. BrownOpinion
33082.
SUBMITTED DECEMBER 16, 1977.
DECIDED JANUARY 5, 1978.
Cancellation. Gwinnett Superior Court. Before Judge Merritt.
Furman Smith, Jr., for appellants.
Claude E. Hambrick, for appellee.
Gwinco prevailed in its suit to have a lis pendens notice filed in Gwinnett County cancelled. This notice was filed by appellants based on their suit against Gwinco (and Gwinnett County) in DeKalb County Superior Court. In the DeKalb suit appellants alleged that Gwinco's construction activities in Gwinnett County along Jackson Creek had obstructed the creek and flood plain, and that as a result appellant's adjoining land was inundated and covered with unnatural amounts of water, silt and debris. They sought a permanent injunction requiring Gwinco to remove all obstructions from the flood hazard district, and restraining Gwinco from violating the Soil Erosion and Sedimentation Control Ordinance of Gwinnett County. Moreover, the complaint sought an injunction restraining the county from issuing any permits for use of the property until the ordinance was complied with.
The sole issue is whether the land was "involved" in this suit under Code Ann. § 67-2801, which is a prerequisite to a valid lis pendens. Hill v. L/A Mgt. Corp., 234 Ga. 341 ( 216 S.E.2d 97) (1975). There is no question that the land is involved, since equitable relief was sought which would result in the removal of obstructions on the land, and forbid any further grading or construction on the land until the ordinance was complied with. See Kenner v. Fields, 217 Ga. 745, 747 ( 125 S.E.2d 44) (1962); Walker v. Houston, 176 Ga. 878, 880 ( 169 S.E. 107) (1933).
Judgment reversed. All the Justices concur.