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Oglethorpe Power Corp. v. The Estate of James Forrister

A limited liability company may recover nuisance damages for discomfort and annoyance when it is a non-resident property owner.

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These cases, involving claims of nuisance against the owner and operator of the Sewell Creek Energy Facility by numerous surrounding landowners, appear before us for the second time. The relevant facts are found in the first appearance of these litigants, Oglethorpe Power Corp. v. Forrister, 303 Ga. App. 271 693 SE2d 553 2010:

The Sewell Creek Energy Facility is a gas fired peaking power plant which began operating in 2000. It is owned by Smarr EMC, and operated by Oglethorpe Power Corporation, both of which are power supply cooperatives formed and operated under OCGA § 46 3 170 et seq. The Sewell Creek facility does not operate continuously, but is designed to generate power only when energy usage exceeds the capacity generated by base and intermediate plants, such as on a hot summer afternoon when the use of air conditioning increases. The facility occupies 25 acres of a 160 acre site, located at the intersection of an underground gas line and an overhead high capacity electricity transmission line in Polk County. Electricity is generated at Sewell Creek with four gas fired combustion turbine units, which are variations of jet airplane engines, and which are used in peaking plants because they can be turned on and off in minutes to meet short term energy demands.

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