Georgia Court of Appeals Affirms that Cities Must Have Dominion or Control over Private Property for

Jack Waldrip filed an action against the City of Gainesville (the “City”) for damages which resulted from the flooding of Waldrip's property. City of Gainesville v. Waldrip, 811 S.E.2d 130 (Ga. Ct. App. 2018), reconsideration denied (Mar. 29, 2018). Specifically, Waldrip alleged nuisance, trespass, and the taking of the property through per se and inverse condemnation. The City was granted partial summary judgment and appealed, arguing that the trial court should have granted summary judgment on all claims. Waldrip’s property flooded on five occasions from 2008 to 2013. Waldrip concluded that the flooding resulted from trash, debris, and other material clogging his surface water drainage

The Owner’s Purpose for Holding an Event must be Evaluated when Applying the Recreational Property A

In July 2014, Sally Stofer and Carol Denton were attending a free concert in Macon, Georgia. The property/venue was owned by Macon-Bibb County, but Mercer University (“Mercer”) was granted a permit to use the park. Mercer did not have to pay for the permit; however, it had to pay for security and liability insurance. During the concert, there were vendors at the park selling food and drinks. While leaving the venue, Stofer lost her balance in a stairwell that had no handrail. She hit her head as she landed and fell into a coma. She was eventually removed from life support. Stofer's children and her estate filed a wrongful death action based on claims of negligence and premises liability.

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