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,.

SUPERIOR COURT OF DEKALB COUNTY

ST ATE OF GEORGIA

JANET McDONALD, )
and )
JAMES STEGEMAN )
)
Plaintiffs, ) CML ACTION FILE
) NO. 07CVl1398-6
v. )
)
GEORGIA POWER COMPANY, )
)
Defendant. )
)
ORDER AND FINAL JUDGMENT

This matter comes before the Court on Defendant-Counterclaimant Georgia Power

Company's Motion for Summary Judgment, filed January 23,2009, by which Georgia Power

seeks a declaratory judgment on the issue of its prescriptive easement rights over the property

located at 821 Sheppard Road, Stone Mountain, Georgia 30083 (the "Property"). The parties

have submitted briefs and the Court held a hearing on April 27, 2009, of which all parties were

duly notified. The hearing was attended by counsel for Defendant Georgia Power Company, but

Plaintiffs failed to appear at the April 27, 2009 hearing, despite adequate notice. Having

considered the briefs ofthe parties and all pleadings of record, it is hereby ORDERED that

Defendant Georgia Power Company's Motion for Summary Judgment, filed January

23,2009, is hereby GRANTED. This Court finds that there exists no genuine issue of material

fact to be tried in this case and Georgia Power is entitled to judgment in its favor on its

counterclaim for declaratory and injunctive relief as a matter of law. Accordingly, it is hereby

ORDERED that Judgment be entered in favor of Defendant-Counterclaimant Georgia Power

Company and against Plaintiffs Janet McDonald and James Stegeman on Georgia Power
 '\
II'

Company's claim for declaratory judgment pursuant to a.c.G.A. § 9-4-1, et sea., and the Court

hereby declares that Georgia Power has a valid easement over the Property where the Georgia

Power lines currently traverse the Property, including a clearance of fifteen (15') feet on both

sides of said power lines, and that Georgia Power enjoys right to construct, operate and maintain

continuously upon said Property its lines (erected on poles) for transmitting electric current, with

poles, wires and other necessary apparatus, fixtures and appliances, including the right to stretch

communication wires on said poles, with necessary appliances; the right to attach or permit the

attachment of the wires and appliances of any other company, or person, to said poles; the right

at all times to enter upon the Property for the purposes of inspecting said lines, making repairs,

renewals, alterations and extension thereon, thereto or therefrom; the right to cut away and keep

clear of said lines all trees and other obstructions that may now or hereafter in any way interfere

of be likely to interfere with the proper operation of said lines; and that Georgia Power enjoys

any and all other rights necessary for the full realization and enjoyment of its easement over the

Property.

In furtherance of the Court's Declaratory Judgment, the Court further ORDERS that

Plaintiffs are hereby permanently enjoined from interfering with Georgia Power's easement

rights in the Property in any manner whatsoever, including without limitation, those rights

necessar~}o ~roper mairitenance and enjoyment of the easement that Georgia Power
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possess~s

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IT~S ~RDERED,
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uMe, SuperiorJ. Becker

:)0.)Cynthia Court of DeKalb County

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