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Oglethorpe Power Corp. v. Forrister

Because the noise emanating from the exhaust stacks resulted from the essential method of the power plant's operation, the neighbors were limited to filing one cause of action for the recovery of past and future damages caused by a permanent nuisance.

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We granted certiorari in this case to consider when the statute of limitation began to run in this action claiming that noise from a power plant operated by a public utility constitutes a nuisance. The trial court denied summary judgment, holding that the statute of limitation had not run on the plaintiffs’ claim, and the Court of Appeals affirmed. See Oglethorpe Power Corp. v. Forrister , 303 placeStateGa.App. 271 693 SE2d 553 2010. We conclude that the Court of Appeals erred in part of its reasoning and in not reversing the trial court’s denial of summary judgment in part, but that it also properly affirmed the denial of summary judgment in part.

1. Appellant Smarr EMC owns and appellant Oglethorpe Power Corporation operates the Sewell Creek Energy Facility, a “peaking” power plant that began operating in 2000. A peaking plant stands ready when customers demand high amounts of electricity, as on hot summer days when electricity usage spikes. Gas-fired combustion turbines are used for peaking plants because they can be turned on and off within minutes. The appellees are neighbors of the power plant who filed this lawsuit in 2007, alleging that “since the commencement of operations of Sewell Creek, there have been periods of excessive noise, vibrations, and interruption of plaintiffs’ use and enjoyment of their adjoining property.”

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