![]() On October 25, 2010, the trial court held an evidentiary hearing to consider Reid's motion for an interlocutory injunction. On February 25, 2010, Reid sued the Dillons in the Superior Court of Forsyth County for breach of contract, injunction, and damages in light of the Dillons' failure to locate their dock in accordance with the Sale Agreement. 1 According to Brad Reid, however, the Dillons were “moving down the shoreline.” Michael Dillon admitted to having moved the dock, but only to “chase the water” when the lake level dropped as allowed by Corps rules. That same year, the Corps placed a moratorium on the permitting of new docks, and Reid did not pursue the matter until after Reid was selected by the Corps in a 2009 lottery to apply for a dock permit.Īs of 2010, the distance between the closest point of the Lot 2 dock and the Lot 10 dock was approximately 100 feet. In July 2007, after some unsuccessful discussions with Michael Dillon, Brad Reid formally demanded that the Dillons move their dock so it was no less than 132 feet from the Lot 10 dock. ![]() Brad Reid discovered that the Dillons' dock was too close to the Lot 10 dock to allow for the Lot 1 dock to be placed between the two. In 2007, Reid asked his son, Brad Reid, to assist him in obtaining a dock permit from the Corps. On or about March 21, 2005, Reid bought Lot 1 from Ivy Shaw. On September 2, 2003, the Dillons placed their dock in line with the ranger's ribbon. The site plan was signed by Michael Dillon and Barnett on July 29, 2003, and on that same date Lot 2 was deeded by Ivy Shaw to the Dillons. The plan depicted a dock labeled “Future 32x32 (Lot 1),” with a 50–foot buffer space on each side between the site of the Lot 2 dock and the existing Lot 10 dock, such that there was 132 feet between the closest point of the site of the Lot 2 dock and the Lot 10 dock. Shortly before closing, the Dillons submitted a site plan showing the location of the Lot 2 dock. The Corps' shoreline management plan for Lake Lanier required a 50–foot buffer area between any proposed floating dock and any existing facility, measured by the nearest point between them. According to Barnett, the site plan was important because there needed to be enough space, consistent with Corps rules, to place a boat dock for Lot 1 between the Lot 2 dock and the Lot 10 dock. The special stipulation also required the Dillons to submit to the “seller and or Developers a site plan showing the exact location of a 32x32 double slip boat dock.” For purposes of water access, Lot 2 was adjacent to Lot 1, which was then owned by Ivy Shaw Lot 1 was adjacent to Lot 10. The ranger verbally approved the dock location, which she marked by tying a ribbon around a tree near the shore line. Barnett and the Dillons met with a Corps ranger at the proposed dock site before closing. The Sale Agreement was subject to several special stipulations, including that it was contingent upon verbal approval of the Corps for placement of a 32 foot by 32 foot double slip boat dock. Lot 2 included a fee simple “walking path” to Lake Lanier intended to provide access to the water and to qualify the property for a boat dock. Under the terms of the Sale Agreement, the Dillons agreed to buy Lot 2 of the Ivy Shaw Landing subdivision in Forsyth County. ![]() The evidence shows that on July 7, 2003, the Dillons entered into a Lot/Land Purchase and Sales Agreement with Bill Barnett, manager of Ivy Shaw, LLC. The Dillons appeal, and we affirm because the trial court did not abuse its discretion in balancing the equities and granting the injunction, thereby preserving Reid's opportunity to apply for a dock permit before the deadline for doing so expired. Following a hearing, the trial court granted Reid's motion for an interlocutory injunction and ordered the Dillons to move their dock so that it was no closer than 132 feet from the Lot 10 dock, consistent with the terms of the agreement. Reid claimed that the Dillons had moved their floating dock so close to the Lot 10 dock that Reid could not receive a permit from the Army Corps of Engineers (the “Corps”) to place his own dock between the Dillons' dock and the Lot 10 dock. Reid sued the Dillons claiming that they were in breach of an agreement, made for the express and direct benefit of Reid, to place their floating dock 132 feet away from a certain existing dock (the “Lot 10 dock”). Dillon, own property abutting Lake Lanier. Miles, Wendy Wolfenbarger Kraby, Cumming, Jefferson Mulloy Starr, for appellee.ĭanny L. Miles, Patterson, Hansford & Tallant, Dana B. Kaufman, Jeremy Bret Liebman, Jordan Bradley Forman, Atlanta, for appellants.
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