Archive for the ‘Res Judicata/Collateral Estoppel’ Category

Homeowner Allowed to Operate Haunted House

On May 19, 2008, the Georgia Supreme Court dismissed an appeal from a denial of an injunction to close down a haunted house operating in an area zoned residential as the appeal was “moot” because the haunted house had closed.

 

Two Justices (Melton and Carley) dissented noting that Halloween comes around every year and that res judicata or collateral estoppel would allow the operation of the haunted house every year in perpetuity without the City being able to challenge it.

 

Keep reading for GZB’s summary of City of Comer v. Seymour, Supreme Court of Georgia, Case No. S08A0557, decided May 19, 2008.

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