covenant violation (Georgia) · Go Syfert
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covenant violation in Georgia

6 Georgia opinions name it 2 courts 1993–2021 1 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Helmley v. Liberty Countygreen
gactapp · 2000 · cited in 4 Georgia opinions naming this issue, 2013–2014
2 sentences

2014See Helmley v. Liberty County, 242 Ga. App. 881, 883-884 (2) ( 531 SE2d 756 ) (2000) (right of action accrued when business was constructed on property).

2014See Helmley v. Liberty County, 242 Ga. App. 881, 883-884 (2) ( 531 SE2d 756 ) (2000) (right of action accrued when business was constructed on property).

44
Black Island Homeowners Ass'n. v. Marragreen
gactapp · 2003 · cited in 4 Georgia opinions naming this issue, 2013–2014
2 sentences

2014Construing these provisions, we have held that “a right of action based on a covenant violation caused by a permanent fixture accrues when the violation first results.” Marino, 322 Ga. App. at 843 (1), quoting Black Island, 263 Ga. App. at 561 (1) (b).

2014Construing these provisions, we have held that “a right of action based on a covenant violation caused by a permanent fixture accrues when the violation first results.” Marino, 322 Ga. App. at 843 (1), quoting Black Island, 263 Ga. App. at 561 (1) (b).

44
Marino v. Clary Lakes Homeowners Ass'ngreen
gactapp · 2013 · cited in 2 Georgia opinions naming this issue, 2014–2014
2 sentences

2014In contrast, a right of action based on a covenant violation caused by a repetitive act accrues each time the distinct and separate act that constitutes an alleged breach occurs. 322 Ga. App. at 843-844 (1) (citations and punctuation omitted).

2014Construing these provisions, we have held that “a right of action based on a covenant violation caused by a permanent fixture accrues when the violation first results.” Marino, 322 Ga. App. at 843 (1), quoting Black Island, 263 Ga. App. at 561 (1) (b).

22
POLO GOLF and COUNTRY HOMEOWNERS ASSOCIATION, INC. v. CUNARDgreen
ga · 2019 · cited in 1 Georgia opinions naming this issue, 2021–2021
2 sentences

2021See Polo Golf II, 306 Ga. at 792-793.

2021See Polo Golf II, 306 Ga. at 792-793 .

11
Ford Motor Co. v. Leegreen
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993Cooper and Smith, JJ., concur. 1 In Ford Motor Co. v. Lee, 137 Ga. App. 486, 490 (10) ( 224 SE2d 168 ) (1976), it was suggested that defendant plead the amount of the covenant as a defense, but that would be inappropriate. 2 Contribution among defendants is not involved because it does not relate to the relationship between injured party and tortfeasors, or the claim of the injured party against the tortfeasor, but rather to the relationships and claims among the tortfeasors. 3 Ford Motor Co. v. Lee, 137 Ga. App. 486 , supra. 4 Ford Motor Co. v. Lee, 237 Ga. 554 , supra.

1993Cooper and Smith, JJ., concur. 1 In Ford Motor Co. v. Lee, 137 Ga. App. 486, 490 (10) ( 224 SE2d 168 ) (1976), it was suggested that defendant plead the amount of the covenant as a defense, but that would be inappropriate. 2 Contribution among defendants is not involved because it does not relate to the relationship between injured party and tortfeasors, or the claim of the injured party against the tortfeasor, but rather to the relationships and claims among the tortfeasors. 3 Ford Motor Co. v. Lee, 137 Ga. App. 486 , supra. 4 Ford Motor Co. v. Lee, 237 Ga. 554 , supra.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Ford Motor Co. v. Lee green
ga · 1976
1 sentence

1993Cooper and Smith, JJ., concur. 1 In Ford Motor Co. v. Lee, 137 Ga. App. 486, 490 (10) ( 224 SE2d 168 ) (1976), it was suggested that defendant plead the amount of the covenant as a defense, but that would be inappropriate. 2 Contribution among defendants is not involved because it does not relate to the relationship between injured party and tortfeasors, or the claim of the injured party against the tortfeasor, but rather to the relationships and claims among the tortfeasors. 3 Ford Motor Co. v. Lee, 137 Ga. App. 486 , supra. 4 Ford Motor Co. v. Lee, 237 Ga. 554 , supra.

11993–1993

Statutes the citing opinions construe

GA § 44-5-60 (4) GA § 9-3-29 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 37 (1965–2025) NY 11 (1887–2026) MI 8 (1925–2022) GA 6 (1993–2021) CA 6 (1855–1999) AL 6 (1932–2026) VT 5 (1894–2025) UT 5 (1981–2017) MA 4 (1988–2013) MO 4 (1874–1983) IL 4 (1906–1981) SC 3 (1987–2020) CT 3 (1991–1996) WA 3 (2017–2019) SD 2 (1983–2024) FL 2 (1965–1978) PA 2 (1906–2019) OH 2 (1952–2000) DE 2 (2021–2024) NC 2 (2003–2003) NH 2 (1867–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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