The civil case involving ownership of a commercial property in Cedartown ended when a jury came back with a verdict Monday afternoon.
Jurors in the case of Juan Hernandez vs. Anthony Carnes ruled in favor of Carnes. They awarded him no monetary damages but gave him legal title to the property on Adamson Street.
“It’s about a four-year-old case and time for it to be resolved,” said Superior Court Judge Michael Murphy in his final thanks to the jurors.
Hernandez filed suit against Anthony Carnes, Nova Robinson Chandler, Barbara Bordynoski and the City of Cedartown over who should own 1.6 acres of land on the south side of West Avenue near Fourth Street.
Carnes had filed a countersuit asking for clear possession of the property and $70,000 for unpaid rent and payments.
The suits were part of what Murphy described as a “convoluted case” involving a lease-to-sell business deal.
Carnes, Robinson and Bordynoski had a lease-to-sell contract with David Limon beginning in January, 1995. In September 2001, Limon wanted out of the contract and Hernandez agreed to take over his payments with approval from the three individuals, according to court records.
Hernandez claims in court documents he made payments and paid taxes on the property. He tried to pay the 2003 property tax, but found out the property had been sold to Wilhelm Smith for $1,855.09 in a tax sale.
The City of Cedartown redeemed the property for $4,916.75 since they sold the property in error but gave title back to Carnes.
Hernandez said in documents he asked Carnes to continue with the prior arrangement and payments, but Carnes refused. Hernandez said Carnes told him he wouldn’t put his payments toward a future sale of the property but would let him stay as a renter.
Carnes said Hernandez breached the contract by not making his monthly payments within 60 days of being due and “failed to fulfill all of the executory duties and obligations required of him.”