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Lawskills.com Georgia Caselaw
CITY OF EAST POINT v. GATEWOOD et al.
25478.
FELTON, Justice.
Injunction. Fulton Superior Court. Before Judge Pye.
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 temporary injunction moot; therefore, the appeal must be, and is,
Albert A. Roberts, Hutcheson, Kilpatrick, Watson, Crumbley & Brown, Lee Hutcheson, George T. Brown, Jr., for appellees.
Archer, Patrick, Sidener & Thomason, James H. Archer, Jr., R. William Hamner, for appellant.
SUBMITTED OCTOBER 15, 1969 -- DECIDED NOVEMBER 6, 1969.
Friday May 22 17:31 EDT


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