0

Ga. Supreme Court rules in favor of Snellville subdivision

ATLANTA -- The state's highest court has ruled unanimously in favor of a Snellville homeowner's association against its developer in an issue centered on the degradation of land around a lake called Hunter's Pond, officials said Monday.

The Georgia Supreme Court upheld an earlier ruling by the state's appellate court, finding the Newton's Crest Subdivision homeowner's association was right in asking that a lawsuit filed by its developer, Kennedy Development Co., didn't warrant a trial. The ruling reverses previous findings by a Gwinnett trial court, Supreme Court officials said in Monday release.

The issue involved 12 acres of rural property owned for three decades by a Snellville family, the Camps.

About a decade ago, Kennedy developed Newton's Crest, a neighborhood of 185 homes, and oversaw the reconstruction and maintenance of Hunter's Pond, which would become the subdivision's detention pond.

In March 2006, the Camps sued Kennedy, alleging the construction of Newton's Crest had been negligently performed and its upgrading of the detention pond had been inadequate. This caused increased amounts of storm water to run onto the Camp's property and into their creek, resulting in erosion, tree loss and other damage to their property, the family claimed.

Kennedy then filed the suit against the homeowner's association, asserting it had a duty to indemnify Kennedy against the Camps' claims.

Kennedy also filed a motion for summary judgment regarding the Camps' claims, seeking the matter to be resolved without a trial. The Gwinnett court denied that motion, and that matter remains pending.

No financial details were specified in the Monday release.