MELTON, Justice.
In this quiet title action, Charles Stanley Turner and Tim W. Turner brought suit against the City of Tallapoosa, Philip Eidson, the City Manager, Donald Ridley, and Ronald Ridley, contending that they owned certain unused roadbeds running through the Ridleys' property. The trial court determined that the Turners did not own the property in question, and this appeal ensued. For the reasons set forth below, we affirm the findings of the trial court.
The record shows that, prior to 2001, the City owned two undeveloped public streets, Grant Street and Mays Street, traversing two separate tracts of land, the "Hicks Estate" and the "Owensby Estate." By May of 2001, it became apparent that the City was not going to develop the roads, and the owners of the Hicks Estate at that time filed a petition with the City asking that the streets be closed. In this petition for closure, the legal description of the streets is set forth as follows:
This legal description appears to refer to the entire length of Mays Street and Grant Street as they run through both the Hicks Estate and the Owensby Estate. The petition goes on to state, however, that
(Emphasis supplied.) Based on the emphasized language, it becomes clear that the petitioners were requesting closure and transfer of only the roadbed property contained within the Hicks Estate.
On May 14, 2001, the City granted the closure petition by resolution. In this resolution, the City states that Mays Street and Grant Street "may extend onto or touch portions of the property of Petitioner[, the Hicks Estate]." The City then determined that there was "no need for those portions" of the streets and that these "same" portions should be closed. The resolution then closes the roads with the following language:
(Emphasis supplied.) The resolution then states that the closed portions of the streets could be conveyed to the owners of the Hicks Estate at the time. Therefore, it is evident that the City closed only those portions of the streets touching the Hicks property, not the portions running through the Owensby Estate. Likewise, the City only authorized transfer of the roads within the Hicks Estate to the owners thereof.
On the same day that the resolution was passed, the City issued a quitclaim deed to the owners of the Hicks Estate. The property description accompanying this deed, however, appears to have been merely copied over from the legal description contained in the closure petition, rather than from the resolution closing a portion of the roads. As a result, the quitclaim deed erroneously refers to the entire length of the roads in question, incorrectly stating that Mays Street and Grant Street are "open streets in the City of Tallapoosa, Georgia, which run through or touch[] petitioner's property." (Emphasis supplied.) Therefore, on its face, this deed becomes, at best, ambiguous because the City could not merely convey open streets to private individuals, and the deed refers to an unnamed and unidentified petitioner.
In May 2003, the prior owners who petitioned the City to close portions of Mays Street and Grant Street conveyed the Hicks Estate to the Turners, the current appellants. The deed conveying the property to the Turners apparently was accompanied by a February 2000 survey that was incorporated as the legal description of the property. Because it preceded the 2001 resolution, this 2000 survey still indicated that the City owned the roadbeds in their entirety.
In response to the Turners' complaint, the City filed motions to dismiss and for summary judgment. Rather than filing a separate motion, the Ridleys simply joined the motion filed by the City. After considering the Turners' claims, the trial court found that the City transferred only the roadbed property wholly within the Hicks Estate to the Turners' predecessors and that, in any event, the Turners had failed to give the City appropriate ante litem notice. As a result, the trial court dismissed the claims against the City which were not accompanied by proper notice and granted summary judgment to all of the defendants on all of the Turners' claims with the sole exception of the Turners' nuisance claim brought against the Ridleys based on pollution of their lake by the Ridleys' construction.
1. The trial court properly granted summary judgment against the Turners regarding their quiet title claim to the roadbed property in question. As set forth above, the legal description contained in the quitclaim deed appears, at best, vague and ambiguous on its face because it refers to Mays Street and Grant Street as open roads, which the City would obviously not be authorized to convey to a private individual.
3. The Turners contend that the trial court erred by granting summary judgment to the Ridleys regarding damages for depositing sediment into the lake. The record reveals, however, that the Turners' claims for damages remain viable. The trial court did not grant summary judgment regarding the nuisance claim brought against the Ridleys, and the Ridleys concede that the Turners' claims for damages relating to the creation of a nuisance by the transfer of sediment remain. Concomitantly, as the Ridleys also allege, the Turners' trespass claims are premised on the same alleged damages arising from the transfer of sediment remain viable as well and must be considered by the trial court.
4. The trial court correctly dismissed the Turners' nuisance claim against the City, however, due to insufficient ante litem notice. Based on our review of the record, the trial court properly dismissed the Turners' claim for nuisance and resulting damages against the City for failure to include any such claim in its ante litem notice. City of Walnut Grove v. Questco, Ltd., 275 Ga. 266(2), 564 S.E.2d 445 (2002). As the trial court properly granted summary judgment to the City on the Turners' remaining claims, we need not consider the propriety of ante litem notice with regard to them.
5. Finally, the Turners contend that the trial court erred by dismissing their claim for a prescriptive easement against the Ridleys. Specifically, the Turners contend that, for the past 20 years, they have used a road circling their lake and that part of this road extends onto the Owensby Estate. Based on the absence of any transcript and the state of the record, which contains almost no information or evidence regarding the easement, we must assume the regularity of the proceedings below, and, as such, we cannot say that the trial court erred in this matter. See, e.g., Vaughan v. Buice, 253 Ga. 540, 322 S.E.2d 282 (1984).
Judgment affirmed.
All the Justices concur.