Chancellor Frank Brown, in a 30-page opinion, has dismissed a lawsuit brought by optometrist Dr. Joe Dzik involving use of a driveway from his office on Shallowford Road to property at the Waterside development.
The chancellor also dismissed a counter-claim brought by BYD, LLC, developer of a Mellow Mushroom restaurant next to the Dzik office, alleging that the Dzik claims raised a cloud over its property.
Dr. Dzik purchased his lot in 1989, then constructed his office. When the Waterside development was launched he had concerns about the ability of his patients to be able to get onto Shallowford Road.
Developer Ken Defoor agreed to build a driveway across the adjacent lot giving access to the entrance road to Waterside. A traffic light was put in at the intersection of the entrance road and Shallowford Road. BYD later constructed a similar driveway for Dr. Dzik, it was stated.
Chancellor Brown said it appeared that Dr. Dzik had unilaterally changed some of the terms regarding the driveway, making it one way in favor of his patients, instead of two way. He said Dr. Dzik later put up cones at the driveway so that it could not be used in either direction.
He said few patients of Dr. Dzik used the driveway when it was open.
The chancellor said the placing of the cones showed that thus far Dr. Dzik and his patients had not needed the use of the driveway.
Chancellor Brown directed that Dr. Dzik pay 90 percent of the court costs and BYD pay 10 percent.