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Final Copy 287 Ga. 495 S10A0563. DANBERT et al. v. NORTH GEORGIA LAND VENTURES, LLC et al.

HINES, Justice. This is an appeal from the denial of a petition for a permanent injunction and a writ of mandamus. For the reasons that follow, we affirm. In 2003, Roger and Theresa Danbert purchased two adjoining land lots in Towns County, comprising approximately 6.5 acres. Both lots were bordered by an easement now known as Chinquapin Ridge Road; the Danberts own the land to the centerline of the road, as shown on a recorded plat. In 2005, North Georgia Land Ventures, LLC ("NGLV") purchased a 46-acre plot of land further along Chinquapin Ridge Road; the easement along Chinquapin Ridge Road provided the sole access to NGLV's land. NGLV began work to subdivide and develop its property, and the Danberts sought interlocutory and permanent injunctions against the development, and of any sales of land therein; the trial court denied the

interlocutory injunction,1 and the Danberts amended their complaint to add Towns County as a defendant, and to add a claim for a writ of mandamus to compel Towns County to enforce its subdivision regulations. The trial court denied both a permanent injunction and a writ of mandamus, and the Danberts appeal.2 For the reasons that follow, we affirm. 1. The gravamen of the Danberts' appeal is that NGLV was wrongly granted a subdivision permit by Towns County in that NGLV's submission to the County did not meet Section 503 of the Towns County Revised Subdivision Regulations ("Regulations").3 As certified on January 24, 2007, that regulation

The trial court's first order denied both interlocutory and permanent injunctions; upon a motion for reconsideration, the trial court declared that the interlocutory injunction order would stand, and the case would proceed on the request for a permanent injunction. After the Danberts filed their notice of appeal, United Community Bank ("UCB"), the mortgage lender on the NGLV property, foreclosed. This Court granted UCB's request to file a brief of interested party pursuant to OCGA

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