Directed verdict proper when issue of ownership previously decided.

- Trial court properly directed a verdict against the county and in favor of the homeowners on the issue of the county's ownership interest in a dam in the homeowners' suit seeking to limit the county's ability to breach the dam; that issue was resolved in a prior administrative action and appeals from that determination in which the county was found to be an owner required to repair or breach the dam pursuant to the Georgia Safe Dams Act, O.C.G.A. § 12-5-370 et seq., and the suit did not concern whether there were additional owners of the dam. Forsyth County v. Martin, 279 Ga. 215, 610 S.E.2d 512 (2005).

Motion for directed verdict properly denied.

- County's motion for a directed verdict on the county's counterclaim and cross-claim for declaratory relief against the homeowners was properly denied because the jury was not asked to decide issues of inverse condemnation, nuisance, or other claims of county liability for damages purportedly caused when the county dug a trench across a dam in response to the demand for immediate action by the Environmental Protection Division of the Georgia Natural Resources Department, pursuant to the Georgia Safe Dams Act, O.C.G.A. § 12-5-370 et seq., due to the danger the dam posed. Forsyth County v. Martin, 279 Ga. 215, 610 S.E.2d 512 (2005).

Cited in Bishop Eddie Long Ministries, Inc. v. Dillard, 272 Ga. App. 894, 613 S.E.2d 673 (2005).