Hbc2018, LLC v. Paulding County School District


FIRST DIVISION BARNES, P. J., GOBEIL and PIPKIN, JJ. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. www.gaappeals.us/rules DEADLINES ARE NO LONGER TOLLED IN THIS COURT. ALL FILINGS MUST BE SUBMITTED WITHIN THE TIMES SET BY OUR COURT RULES. December 21, 2020 In the Court of Appeals of Georgia A20A1993. HBC2018, LLC v. PAULDING COUNTY SCHOOL DISTRICT. PIPKIN, Judge. Georgia Heritage Bank (“the Bank”) filed a complaint alleging, among other things, a claim for inverse condemnation against the Paulding County School District (“the District”).1 The trial court granted summary judgment in favor of the District on this claim. The Bank appeals this ruling. As the trial court’s order is sound, we affirm. Summary judgment is proper if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Thus, to prevail on a motion for summary judgment, the moving party must 1 After suit was filed, HBC2018, LLC purchased the debt from Georgia Heritage Bank and was substituted as plaintiff. For ease of reading, we refer simply to the Bank. demonstrate that there is no genuine issue of material fact, so that the party is entitled to judgment as a matter of law. When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. (Footnotes and punctuation omitted). Solid Equities, Inc. v. City of Atlanta, 308 Ga. App. 895, 895 (710 SE2d 165) (2011). Here, the relevant facts are largely undisputed. In February 2008, the Paulding County School Board (“the Board”) voted to allow the construction of a field house at East Paulding High School (the “School”). The Board allocated $450,000 of taxpayer funds for the project, and Board minutes reflect an understanding that the remainder of the $900,000 cost would be paid by private donations. A contract for construction was awarded to LTP Construction Company. Lee Paris and Ben Paris – principals of LTP Construction – were also officers of the East Paulding High School Booster Club (the “Booster Club”). Lee Paris, in his capacity as the president of the Booster Club, obtained a $450,000 loan from the Bank, which was used to complete the construction of the field house. The collateral for the loan was listed as the “accounts receivable, inventory, equipment, rents and 2 leases now owned or hereafter acquired.”2 Lee and Ben Paris served as guarantors on the loan.3 Following its construction, the School used the field house both for sports teams and classes. From the outset, the Booster Club had difficulty meeting its loan obligations. In 2010, over $440,000 of the debt was restructured to require a yearly principal payment of $10,000 plus interest for four years followed by a balloon payment …

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