The Georgia Supreme Court says the City of Helen can collect $17,000 in legal fees for a long-running land use dispute with a local tubing company. Monday’s decision by the state’s high court follows seven years of litigation over how Helen Tubing and Water Park could use the city’s land and streets.
Owners Merle and Lesia Long dropped the lawsuit but appealed Enotah Judicial Circuit Superior Court Judge Murphy Miller’s decision to award sanctions. The Long’s lawyer argued his clients should not have to pay the legal fees because the fees were covered by the city’s insurance carrier, according to the Daily Report.
The supreme court unanimously upheld the sanctions, except for Justice Michael Boggs who was disqualified without explanation.
In writing the court’s opinion, Justice Keith Blackwell said it does not matter who pays the bill. If a lawsuit is ruled frivolous, the defendant is entitled to collect a judgment for sanctions.
If the ruling had gone the other way it could have upset established law for many other kinds of cases where insurance coverage is involved, according to an attorney for the city of Helen.
Cleveland attorney Carl Free and attorneys Austin Perry and John Dickerson of Toccoa represented the city of Helen.
“We are pleased the Supreme Court affirmed the award,” Daily Report quotes Perry as saying. “We hope this brings an end to years of litigation.”
