Loop's Nursery & Greenhouses. (Credit: Loop's Nursery) This Nuance Is Deciding the Fate of Some 'Nuisance' Claims Before Georgia's Appellate Courts
"The statute specifically recognizes that a lawful act may be a nuisance," read a Court of Appeals decision. "Decisions from this court and our Supreme Court, however, impose the additional requirement that to be a nuisance an act must be done in an illegal manner."
December 09, 2021 at 01:43 PM
4 minute read
Before lawyers decide to appeal a failed nuisance claim on behalf of a client, they might want to first ensure the defendant's alleged action is illegal, according to a ruling that created a precedential conflict.
If not, chances of succeeding before Georgia's appellate courts are slim to none, despite a statute saying otherwise, the ruling from the Georgia Court of Appeals shows.
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