McBee v. Aspire at West Midtown Apartments, L.P.Annotate this Case
Thomas McBee and his wife Mary (the “McBees”) and Aspire at West Midtown Apartments, L.P. (“Aspire”) were adjoining landowners. The McBees claimed title by prescription to a rectangular strip of land measuring about 24 feet by 58 feet located on a lot to which Aspire held record title. Aspire used this lot and several adjoining properties it owned to develop an apartment complex, thereby depriving the McBees of the use of it. The McBees sued Aspire, and the trial court granted Aspire’s motion for summary judgment on the McBees’ adverse possession claim. Two appeals followed. After review, the Georgia Supreme Court: (1) summarily affirmed the trial court’s order denying Aspire’s motion to dismiss the McBees’ appeal for delay in filing the record appendix; and (2) found that the trial court record did not reflect evidence conclusively rebutting the presumption that the McBee’s had a good faith claim of right to the disputed area. Accordingly, the Supreme Court reversed the order granting summary judgment to Aspire on the McBees’ adverse possession claim, and remanded the case for the trial court to consider Aspire’s other arguments for summary judgment.