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State of Georgia Court Case A14A0762 Highwoods Properties VS City of Chamblee

State of Georgia Court Case A14A0762 Highwoods Properties VS City of Chamblee

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Published by thebrookhavenpost
State of Georgia Court Case A14A0762 Highwoods Properties VS City of Chamblee
State of Georgia Court Case A14A0762 Highwoods Properties VS City of Chamblee

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Published by: thebrookhavenpost on Dec 23, 2013
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07/23/2014

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Court of Appeals of the State of Georgia
ATLANTJecember 19 2013
The Court of Appeals hereby passes he following order:
A14A0762. CITY OF BROOKHAVEN ET AL

CITY OF CHAMBLEE
Appellant High woods Properties Inc. ("High woods) has led an "Emergency Motion r Expedited Review Supersedeas and Injunction Pending Appeal asking this Court to (1) expedite the brieng schedule and expedite consideration of this appeal in advance ofDecember 30 2013; (2) issue supersedeas as to the order of the Superior Court of DeKalb County Case No 2013-CV780810 dated October 28 2013 which is the subject of the underlying appeal; and (3) issue a status quo injunction keeping Century Center in unincorporated DeKalb County until this Cour decides this case. Cour of Appeals Rule 40 (b) provides: In the exercise of its inherent power this Court may issue such orders or give such direction to the trial court as may be necessary to preserve  jurisdiction of an appeal or to prevent the contested issue om becoming moot This power shall be exercised sparingly Generally no order shall be made or direction given in an appeal until it has been docketed in this Cour Having considered the motion along with accompanying exhibits and the record we hereby GRANT
PART AND DENY
PART Highwoods' emergency motion Highwoods request to expedite consideration of this appeal and to issue supersedeas
This appeal was docketed in this Court on December 1 7 2013.
 
as to the order being appealed is denied However we grant High woods request r a stay to prevent the contested issues om becoming moot and hereby enjoin the City of hamblee om proceeding with the annexation of the Century Center property owned by Highwoods until resolution of this appeal ee OCGA 1162 (e)
Court of Appeals of the State of Georgia Clerk's Oce, Atlanta
12/1/2013
cert that the above is a true extract from the minutes of the Court of Appeals /Georga. Witness my signature and the seal of said ourt hereto aed the day and year last above written.
-
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Clerk
 Nothing in this order should be understood to address the merits of the underlying appeal, aect the annexation of property other than the Century Center property owned by Highwoods which is the subject of this appeal or distrb the injunction against the City ofBroohaven entered on October 28 2013 Based on our review of the record it does not appear that the City of Broohaven has sought or has been granted a supersedeas om the trial court of the inunction pending appeal ee OCGA § 1162 (a) (c)
 
IN THE COURT O APPEALS STATE O GEORGIA Case No A14A0762 HIGHWOODS PROPERTIES, INC, Appelant,

CITY O CHAMBLEE, GEORGIA, Appelee CITY O CHAMBLEE'S RESPONSE TO APPELLANT'S EMERGENCY MOTION OR EXPEDITED REVIEW, SUPERSEDEAS, AND INJUNCTION PENDING APPEAL
On beha o Appeee City o Chambee Robert E Wison Georgia Bar No 768950 Stephen G Qunn GeorgiaBarNo 153012
WILSON MORTON & DOS
LLC 125 Cairemont Avenue Two Decatur ownCenter Suite 420 Decatur GA 30030 (404) 3773638 Teephone (404) 3773533 Facsimie

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