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Fiber Optic Installation Dispute

eCBI Warner, LLC v. Patrick, 892 S.E.2d 792 (Ga. Ct. App. 2023), opinion superseded on denial of reconsideration sub nom. ECBI WARNER, LLC v. PATRICK et al. Additional Party Names: A2D, Inc., City of Warner Robins, A23A0779, 2023 WL 7930772 (Ga. Ct. App. Sept. 12, 2023)

A2D, Inc., and eCBI Warner, LLC (“Plaintiffs”), filed various claims against the City of Warner Robins as well as its mayor and city council members (“the City defendants”), in the Superior Court of Houston County, stemming from the installation of a fiber optic wide area network in Warner Robins.

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In sum, res judicata does not bar any claims arising from or relating to the termination of the lease between eCBI Warner, LLC and the Development Authority for the 12 fiber lines comprising the private WAN. Nor does it bar Plaintiffs’ claim for a writ of mandamus, whether it pertains to the private WAN fiber lines or the 48 fiber lines. Plaintiffs’ remaining claims, however, are barred;7 Plaintiffs are precluded from asserting any remaining claims concerning the 48 fiber lines.