Lawsuit Against Ga. Campground Dropped
The developers of one the most upscale communities in Habersham County, Ga., have dropped their lawsuit against an Athens, Ga., man for copyright infringement, according to the Northeast Georgian in Cornelia, Ga.
Granny Smith Properties Inc., developers of The Orchard in Turnerville, filed suit Jan. 4 in Habersham County Superior Court against Richard Jurgensen for billboards and other advertising he had done to promote his planned campground, located behind the residential golf community.
That suit has been dismissed without prejudice, according to case documents on file in the Clarke County Clerk of Superior/State Court's Office, where the case had been transferred.
The suit alleged Jurgensen was “using a colorable imitation of plaintiff's trademark in connection with advertisements for a real estate development called, ‘Orchard View Campground,’” which the suit alleged was in violation of Georgia law.
Contacted Monday, T. Wesley Robinson, attorney for Granny Smith Properties Inc., declined comment on dismissal of the case.
Jurgensen has long argued that a county road, which was the only access he had to his property, was abandoned by the county without proper legal procedure on behalf of The Orchard developers.
In fact, a jury – with the consent of the parties – granted Jurgensen, co-plaintiff Zolinda Stoneman and their heirs rights of ingress and egress through The Orchard’s security gate in November 2000.
That jury ruling “extinguished” any rights to access via the former county road or a deeded easement.