Justia Landlord - Tenant Opinion SummariesArticles Posted in Supreme Court of Georgia
Efficiency Lodge, Inc. v. Neason, et al.
The three plaintiffs in this case had each rented rooms at an extended-stay motel for some time. They fell behind on their rent and were threatened with immediate eviction. They sued to stop that from happening, claiming that they were in a landlord-tenant relationship with the motel and could not be evicted without dispossessory proceedings in court. The motel argued that it had signed agreements with the plaintiffs that foreclosed their claims because, among other things, the agreement stated that their relationship was one of “Innkeeper and Guest,” and “not . . . Landlord and Tenant.” The trial court agreed with plaintiffs, and the Court of Appeals affirmed. After its review, the Georgia Supreme Court vacated the appellate court's opinion and remanded with direction for the trial court to determine the parties' relationship under the proper legal framework. View "Efficiency Lodge, Inc. v. Neason, et al." on Justia Law
The Stuttering Foundation of America, Inc. v. Glynn County
The Stuttering Foundation, Inc. (“Foundation”) leased office space in a commercial development in Glynn County owned by Lucas Properties Holdings III, LLC (“Lucas”). In 2015, Lucas filed an application for rezoning of the property to construct an addition to the rear of one of the existing buildings in the development, the building in which the Foundation leased its office. It also sought approval of a site plan for the proposed construction. Both were approved in March 2016. For various reasons, the Foundation opposed the new development and filed a petition for judicial review of the rezoning application and Site Plan, or in the alternative, for mandamus reversing the County’s approval. Both the County and Lucas filed a motion to dismiss the complaint on its merits. The trial court entered an order granting the County’s motion to dismiss, concluding that the Foundation lacked standing to raise its objections to the rezoning. The Georgia Supreme Court agreed with the trial court that the Foundation demonstrated no right to contest the rezoning decision. Lucas’s motion to dismiss was a nullity and therefore vacated. View "The Stuttering Foundation of America, Inc. v. Glynn County" on Justia Law