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July 2014 Archives

BEN PERKINS AND PAT O'CONNOR OBTAIN SUMMARY JUDGMENT FOR OLIVER MANER CLIENT THE EFFINGHAM COUNTY BOARD OF COMMISSIONERS

In an order entered on July 14, 2014, the Superior Court of Effingham County granted summary judgment in favor of Oliver Maner client the Effingham County Board of Commissioners on all of the Plaintiff's claims. The Plaintiff alleged the Board improperly required the Plaintiff to provide a letter of credit in exchange for the County's extension of water and sewer infrastructure to the Plaintiff's subdivision, and asserted an inverse condemnation claim, a claim for damages under 42 U.S.C. ยง 1983, premised upon an alleged violation of the "Takings" clause of the Fifth Amendment to the United States Constitution, and a claim for reimbursement of the fees the Plaintiff paid its lender for the letter of credit. Chief Judge William Woodrum granted summary judgment to the Board of Commissioners, holding that the Plaintiff's claims failed as a matter of law. The case is Park West Effingham, L.P. v. Effingham County Board of Commissioners et. al (Effingham County Superior Court Case No. SU 09CV305W).

BEN PERKINS AND PAT O'CONNOR SECURE FAVORABLE SUMMARY JUDGMENT RULING FROM COURT OF APPEALS

The Georgia Court of Appeals affirmed the State Court of Effingham County's ruling, resulting in a complete summary judgment victory on all claims asserted against Oliver Maner clients the Effingham County Board of Commissioners, Sheriff Jimmy McDuffie, and Deputy Provost. The Plaintiffs alleged the firm's clients were liable for personal injuries and property damage allegedly sustained as a result of striking a pothole on a county-maintained road. Both the trial court and Court of Appeals rejected the argument, holding the County Defendants were entitled to judgment as a matter of law. The case is Davis et al. v. Effingham County Board of Commissioners et al., A14A0292 (Ga. Ct. App. July 1, 2014)

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