Opinion
Nos. A14A0215 A14A0272 A14A0273 A14A0274.
02-23-2016
GEORGIA RIVER NETWORK et al. v. TURNER et al. Georgia River Network et al. v. Grady County Board of Commissioners et al. Turner v. Grady County Board of Commissioners et al. Grady County Board of Commissioners et al. v. Georgia River Network et al.
Nathaniel Hemmerick Hunt, William Wall Sapp, for Appellants. Nels Stefan David Peterson, Atlanta, Kevin Scott Cauley, Cairo, Edward Donald Tolley, Devin Hartness Smith, Athens, Isaac Byrd, John Edward Hennelly, James Doyle Coots, Samuel S. Olens, for Appellees.
Nathaniel Hemmerick Hunt, William Wall Sapp, for Appellants.
Nels Stefan David Peterson, Atlanta, Kevin Scott Cauley, Cairo, Edward Donald Tolley, Devin Hartness Smith, Athens, Isaac Byrd, John Edward Hennelly, James Doyle Coots, Samuel S. Olens, for Appellees.
Opinion
McFADDEN, Judge.
In Turner v. Georgia River Network, 297 Ga. 306, 773 S.E.2d 706 (2015), our Supreme Court reversed Division 3 of our decision in Georgia River Network v. Turner, 328 Ga.App. 381, 762 S.E.2d 123 (2014), in which we held that the 25–foot buffer requirement of OCGA § 12–7–6(b)(15)(A) applies to all state waters. Id. at 390–392(3), 762 S.E.2d 123. In reversing, the Supreme Court concluded that, “OCGA § 12–7–6(b)(15)(A) simply does not provide for the establishment of a buffer for state waters that are adjacent to banks without wrested vegetation.” 297 Ga. at 309, 773 S.E.2d 706 (footnote omitted). Accordingly, we vacate Division 3 of our opinion and adopt the judgment of the Supreme Court as our own. Divisions 1 and 2 of our opinion were not affected by the Supreme Court's decision and thus remain in effect. See Shadix v. Carroll County, 274 Ga. 560, 563–564(1), 554 S.E.2d 465 (2001).
Judgments affirmed in part and reversed in part.
DOYLE, C.J., ANDREWS, P.J., BARNES, P.J., RAY, BOGGS and BRANCH, JJ. concur.