TUSSAHAW RESERVES LLC v. BUTTS COUNTY (2026)

Court of Appeals of Georgia.

TUSSAHAW RESERVES, LLC et al. v. BUTTS COUNTY.

A24A0851

Decided: March 24, 2026

Jeffrey Spencer Haymore, Leland Hiatt Kynes Kynes, Julie Louise Sellers, for Appellant. Brandon Lowell Bowen, Cartersville, Paul Brian Frickey, Ken Jarrard, Cumming, Benjamin Austin Vaughn, for Appellee.

In Tussahaw Reserves, LLC v. Butts County, 323 Ga. 84, 922 S.E.2d 363 (2025), the Supreme Court of Georgia vacated the judgment of this Court in Tussahaw Reserves, LLC v. Butts County, 373 Ga. App. 322, 908 S.E.2d 292 (2024), and remanded the case with directions to remand the case to the trial court so it may vacate its opinion and conduct further proceedings consistent with the opinion of the Supreme Court of Georgia. Accordingly, we vacate our earlier opinion, adopt the opinion of the Supreme Court of Georgia as our own, and remand the case to the superior court with direction to vacate its order dismissing the lawsuit and to conduct further proceedings consistent with the Supreme Court's decision.

Judgment vacated and case remanded with direction.

Markle, Judge.

Davis, J., and Senior Judge C. Andrew Fuller, concur.

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