Attorney Mark A. Johnson's Legal Cases

Litigation

Schoenbaum Ltd. Co., L.L.C. v. Lenox Pines, L.L.C., 262 Ga. App. 457, 585 S.E.2d 643 (2003).

Jan 01, 2003

OUTCOME: $5 million Settlement

Schoenbaum Ltd. Co., L.L.C. v. Lenox Pines, L.L.C., 262 Ga. App. 457, 585 S.E.2d 643 (2003). This case involved the fraudulent misappropriation of the rights to develop a 430-unit Atlant ... a apartment development by a business associate. The case was two weeks out on a trial calendar with essential parties not in the case when Johnson's firm was retained. Continuance was granted, pretrial order set aside, discovery reopened, 20-count amendment filed and essential parties added. Two Atlanta law firms vigorously defended the case for five years before settling for $5 million.

Land use and zoning

Hampton Ridge Homeowners Assoc. v. Marett Properties, 460 S.E.2d 790, 265 Ga. 655 (S. Ct. 1995)

Jan 01, 1995

OUTCOME: Won for Client

Developer prevailed over homeowner association claim that filing of subdivision plat constituted implied dedication of subdivision pool/swim amenity package to homeowners association.

Partnership

East Piedmont 120 Assocs. v. Sheppard, 434 S.E.2d 101, 209 Ga. App. 664 (Ct. App. 1993).

Jan 01, 1993

OUTCOME: Won for Client

Grant of summary judgment was upheld against an assertion that an oral joint venture to develop property had been formulated. The decision hinged on the lack of written authority between the purported ... principal and agent.

Corporate and incorporation

Marett v. Professional Ins. Careers, Inc., 410 S.E.2d 373, 201 Ga. App. 178 (Ct. App. 1991).

Jan 01, 1991

OUTCOME: Appellate Reversal/Win for Client

Verdict was overturned on a grant of a sales commission on the successful assertion of the corporate veil doctrine, against an improper allowance of an alter ego claim.

Civil rights

Cobb County v. Webb Dev. Corp., 398 S.E.2d 3, 260 Ga. 605 (S. Ct. 1990).

Jan 01, 1990

OUTCOME: Development Proceded and $500,000 in Damages Paid

Developer compelled county exercise of eminent domain powers for sewer out-fall line to service residential subdivision, where adjacent landowner refused any traversing of his property for sewer out-fa ... ll line. American Bar Association Section on Land Use, Condemnation and Zoning noted this was the only case where a private individual compelled a condemning authority to exercise its powers of eminent domain. Secured $500,000 settlement on behalf of developer on 42 USC §1983 damages claim against county.

Appeals

Scott v. Thompson, 415 S.E.2d 508, 202 Ga. App. 746 (Ct. App. 1992); Scott v. Thompson, 193 Ga. App. 487 (Ct. App. 1989).

Jan 01, 1989

OUTCOME: Upheld Reversal on Appeal for Clients

This case, appealed four times, involved fraud as a defense to the enforcement of promissory notes against 10 guarantors of the purchase of a mortgage brokerage company. The fraud claims encompassed f ... abricated “loans-in-process” assets in the purchased company and legal issues addressed complete releases, releases pro tanto, compositions, suretyship, grants of new trial, evidentiary disputes, contempt and supersedeas.

Personal injury

Whelchel v. Laing Properties, Inc., 378 S.E.2d 478, 190 Ga. App. 182 (Ct. App. 1989).

Jan 01, 1989

OUTCOME: New Rights to Recover Granted Injured Parties in Georgia

This case created host liability in the state of Georgia for the serving of alcohol to noticeably intoxicated guests who would soon be driving.

Wills and living wills

Arnau v. Cochran, 361 S.E.2d 173, 257 Ga. 550 (S. Ct. 1987).

Jan 01, 1987

OUTCOME: Will Upheld and Client Receved Inheritance

Grant of summary judgment on the issue of mental capacity of the testator in a will contest was upheld.

Government

WMM Properties, Inc. v. Cobb County, 339 S.E. 2d 252, 255 Ga. 436 (S. Ct. 1986)

Jan 01, 1986

OUTCOME: Illegal Action By Government Set Aside and Client's Development Proceeded

Considered the seminal case on vested rights in Georgia, this establishes rights of property owners to claim vested rights of zonings, permits and other governmental approvals, predicated upon det ... rimental reliance of property owner and range of assurances by governmental entities.

Family

Coplin v. Broadnax, 349 S.E.2d 748, 256 Ga. 291 (1986).