Attorney James Stuart Teague's Legal Cases

Litigation

Polo Golf & Country Club Homeowners' Ass'n v. Rymer, 294 Ga. 489 (2014)

Jan 21, 2014

OUTCOME: In this opinion, the supreme court affirmed the trial court's denial of the association's summary judgment motion on the counterclaim and reversed the order on another issue involving a county maintenance ordinance.

My clients were homeowners that experienced flooding to their basement due to a collapsing drainage pipe. They filed suit against Forsyth County and the Polo Subdivision Homeowners Association for dam ... ages. The association counterclaimed against the Rymers claiming their roof gutters and down spouts were the problem.

Litigation

Woods v. Polo Homeowners Ass'n & Forsyth County, Georgia (2009)

Aug 01, 2009

OUTCOME: Settlement on Terms in Confidence

The clients owned a property with deteriorating storm water pipes that provided drainage for a lake and up hill properties in the subdivision. The association and the county both denied responsibility ... for the pipes. The association threatened the homeowners with retaliation under the covenants if the homeowners tried to force the association to take responsibility. After a year of litigation and the firm filed a motion for summary judgment on behalf of the homeowners, the defendants settled the case.

Litigation

Alexander v. DeKalb County, 264 Ga. 362, 444 S.E.2d 743 (1994)

Jun 27, 2009

OUTCOME: Partial Reversal of Denial of Contempt Relief

The firm won a suit to invalidate the denial of a zoning request by Dekalb County. The trial court permitted the county to minimize the effects of its first order by zoning the property to a lower de ... nsity and prohibiting future variances. On appeal the court held that the "evidence supported finding that board complied with court order to rezone property to constitutional classification, but county could not adopt conditions that prevented owners from seeking, and board from granting, parking and administrative variances."

Litigation

Gray v. Brooksland Development Company (2008)

Mar 01, 2008

OUTCOME: Settlement on Terms in Confidence

The clients owned a house on a lake fed by a stream. The house backed up to a prestigious subdivision in North Fulton and Forsyth County, Georgia. The stream was fed by a storm water pipe and he ... adwall that emanated from beneath the leach field for a sewerage plant that the developer had built and then conveyed to Forsyth County, Georgia. The county intended to expand the plant to pipe other sewerage to the plant. The clients filed suit for trespass and nuisance claiming, among other things, that the stream was contaminated with e coli and that the developer had exceeded the scope of a drainage easement in the stream.

Litigation

City of Atlanta v. Sarkis Agasarkisian

Mar 15, 2004

OUTCOME: Defense Verdict

The City of Atlanta charged the client with over 700 arrest citations for violation of the Atlanta City Code for allegedly dumping crushed rock fill into a drainage while trying to repair his driveway. ... After a full three days of trial, the Court found for the client on all charges. The client faced more than 2 million dollars in fines.

Litigation

Northpark Associates No. 2, Ltd. v. Homart Development Co., 231 Ga.App. 715, 500 S.E.2d 28 (1992)

Dec 01, 1994

OUTCOME: Reversal of Judgment on Appeal

In this case, the client was a partnership. It asserted it owned private easement rights in subdivision streets north of I-285. A competitor developer sought to acquire the old road beds from Fulton ... County so the ]competitor could build an office building. The client acquired title to two of the lots and asserted its rights as a lot owner to use the subdivision streets that interfered with the competitor's plans. The trial court sided with the competitor and held that the firm's client had no right to travel over the abandoned streets even though it held title to lots in the old subdivision. The Georgia Supreme Court reversed and held that the owner of lots platted pursuant to a recorded subdivision plat owns private easement rights in the subdivision streets that are not eliminated by abandonment.

Litigation

O'Leary v. Whitehall Construction, LLC (2007)

N/A

OUTCOME: Jury Verdict for Defense

The Plaintiffs, who were homeowners adjacent to a residential construction site owned by the client, complained that development related storm water flows during tropical events in 2004 had flooded and ... silted their property. The client was completely exonerated from any wrongdoing by a jury of twelve following a week long trial in which I was lead counsel. The client's motion for attorneys' fees under the Offer of Settlement statute is pending.

Litigation

Cherokee County v. Martin, 253 Ga.App. 395, 559 S.E.2d 138 (2002)

N/A

OUTCOME: Judgment for Plaintiff's Development

In this case, the client originally filed suit against Cherokee County, Georgia regarding the permitted uses under the Multi-Family Zoning that he had been granted for his property. The county had den ... ied his proposed development plans that included apartments on the grounds that it claimed the original zoning had been restricted to an Assisted Living Facility. The Cherokee County Superior Court ruled that the County had failed to properly impose a zoning condition restricting the property to an assisted living use only, thereby permitting my client to sell the property for a higher value for apartments. The Georgia Court of Appeals affirmed the ruling in a published opinion.

Litigation

Allman v. Hope 200 Ga.App. 137, 407 S.E.2d 107 (Ga.App.,1991)

N/A

OUTCOME: Plaintiff's Verdict Overturned on Appeal

This case involved an appeal that briefed and argued in the Georgia Court of Appeals after a jury awarded a verdict against the firm's client. The case involved a suit on a note evidencing a loan made ... in connection with the sale of a quarter horse to the firm's client. The Georgia Court of Appeals held as follows in the published opinion: "Where seller of horses assigned his interest in contract for sale, he was not â€œreal party in interest,â€ and therefore could not maintain action against purchaser to recover balance due on contract."

Litigation

Biggs v. Heriot 249 Ga.App. 461, 462, 549 S.E.2d 131, 133 (Ga.App.,2001)

N/A

OUTCOME: Reversal of Trial Court Judgment

This case involved a business related dispute between a homeowner and the builder that constructed their house. The case resulted in an appeal from the trial court's judgment in favor of the homeowner ... s, who were creditors holding a note. The Georgia Court of Appeals ultimately agreed with the position of the client and overturned the trial judge's order granting judgment on a note securing a settlement. The Court's opinion stemmed out of fundamental fairness under the Due Process Clause of the Georgia Constitution of 1983, which stated: "We hold the trial court erred in accelerating the debt and entering judgment without giving the Biggses an opportunity to object to the Heriots' application and to present evidence and legal argument in support of their position." .

James Stuart Teague's Legal Cases (14)

Polo Golf & Country Club Homeowners' Ass'n v. Rymer, 294 Ga. 489 (2014)

Woods v. Polo Homeowners Ass'n & Forsyth County, Georgia (2009)

Alexander v. DeKalb County, 264 Ga. 362, 444 S.E.2d 743 (1994)

Gray v. Brooksland Development Company (2008)

City of Atlanta v. Sarkis Agasarkisian

Northpark Associates No. 2, Ltd. v. Homart Development Co., 231 Ga.App. 715, 500 S.E.2d 28 (1992)

O'Leary v. Whitehall Construction, LLC (2007)

Cherokee County v. Martin, 253 Ga.App. 395, 559 S.E.2d 138 (2002)

Allman v. Hope 200 Ga.App. 137, 407 S.E.2d 107 (Ga.App.,1991)

Biggs v. Heriot 249 Ga.App. 461, 462, 549 S.E.2d 131, 133 (Ga.App.,2001)