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S11A0559. CAMPBELL et al. v. LANDINGS ASSOCIATION, INC.
State: Georgia
Court: Supreme Court
Docket No: S11A0559
Case Date: 07/08/2011
Preview:Final Copy 289 Ga. 617 S11A0559. CAMPBELL et al. v. THE LANDINGS ASSOCIATION, INC.

MELTON, Justice.
On March 24, 1995, Frederick and Barbara Campbell (the "Campbells") purchased a home in a community known as The Landings on Skidway Island ("Skidway Island Community") in Savannah, Georgia. In October 2007, The Landings Association, Inc. ("Landings"), the non-profit corporation that serves as the homeowners association for the Skidway Island Community, sued the Campbells, claiming that the Campbells did not own a strip of land which lies between the

Campbells' eastern boundary line of their property and the marshlands that lie further to the east of their property. Landings claimed that the property in question was common property owned by Landings, and that the Campbells did not have the right to build a gazebo on this property or otherwise alter this property. Landings moved for summary judgment, which the trial court granted in part, finding that the property at issue was owned by Landings, in that it had been transferred by deed from The Branigar Organization (the entity that had previously owned the property in question) to Landings on November 28, 2000, and finding that the Campbells did not gain title to the property in question by prescription. The Campbells appeal from this ruling, and, for the reasons that follow, we affirm.

On appeal from the grant of summary judgment this Court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. (Citations and punctuation omitted.) Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 (1) (577 SE2d 564) (2003); OCGA
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