Ehlers v. Upper West Side, LLC
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In 2004, Allen Ehlers signed a contract to sell certain property to Keith Sharp, the owner of Upper West Side, LLC. Allen had acquired the property in question pursuant to a 1995 deed of assent that identified the land as “Parcel Two,” and described the property as a strip of land 25 feet wide and 200 feet long. Although the deed of assent described the land as a 25' x 200' strip, Upper West Side believed that it would be purchasing the entire eight acre tract of land at the time that it entered the February 2004 contract with Allen. Eventually, in 2008, Allen deeded the property in the deed of assent to Upper West Side, and Upper West Side filed an action in the Fulton County Superior Court seeking to reform the deed of assent and asking the court to declare that, as reformed, the deed conveyed the entire eight acre tract of Parcel Two, and not just the 25' x 200' strip described in the deed. Following a bench trial, the trial court ruled in favor of Upper West Side, and issued a certificate of immediate review. Upon review, the Supreme Court affirmed the trial court, agreeing with the trial court's conclusion that Upper West Side’s action to reform the deed of assent was not barred by the seven-year statute of limitations applicable to reformation actions.
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