Donna Bergh

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In State v. Ashmore, the Supreme Court of Georgia held that the State has fee simple title to the foreshore of all navigable tidewaters.

On December 6, 1973, the State of Georgia filed suit in the Superior Court of Glynn County disputing the defendants' right to develop for condominiums a beach and dune area on St. Simons Island, Glynn County, Georgia. The State asserted that the property belonged to the State and that the property had been dedicated to public use. The superior court, however, granted the motions of the Ashmores to dismiss the State's complaint for failure to state a claim upon which relief could be granted and for summary judgment against the State, and denied the State's motion for summary judgment.