Nemchik v. RiggsAnnotate this Case
Appellants George and Tennie Nemchik and appellee Tony Michael Riggs were neighbors in Cobb County. The Nemchiks claimed an easement across a heavily wooded portion of Riggs’s property that the parties referred to as “Lot 9,” while Riggs, who had plans to develop the Lot, denied the existence of the easement. When the Nemchiks started cutting down trees and posted notices on the property, Riggs filed a lawsuit to settle the dispute, and the trial court eventually entered an interlocutory injunction barring both parties from going on Lot 9 for any purpose during the pendency of the case. The Nemchiks appealed, claiming that Riggs failed to show a substantial likelihood that he would
prevail on his claims at trial and that the threatened harm to Riggs did not outweigh the harm that the injunction would do to them. The Supreme Court saw no abuse of discretion in the trial court’s order, and affirmed it.