The Stephens County Board of Commissioners decided to abandon a 3,000-foot-long, dead-end county road that ran along the side of a mountain and served no existing homes or businesses. Owners of some undeveloped lots on the Road and others sued the Board, and the trial court set aside the decision. Based on that ruling, the court issued a writ of mandamus requiring the Board to repair and maintain the Road. The court also ordered the Board to pay attorney fees and later granted summary judgment against the Board on its counterclaims. The Board appealed. Upon review, the Supreme Court concluded that the trial court failed to give proper deference to the Board’s decision to abandon the Road and reversed the trial court’s decisions.
Scarborough v. Hunter
July 19, 2013 by Leave a Comment
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