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Jenkins v. Clayton

The trial court could not enjoin the defendants from operating a sport shooting, skeet or other target shooting range at their sporting clay course because the course did not violate any noise control ordinances.

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Defendants own several large tracts of rural land in Jenkins County which had been used as farm land for many years. In 1996, defendants started a commercial hunting operation on a 200-acre tract of the land. Two years later, defendants added a sporting clay course to their operation.

Plaintiff lives approximately 2,100 feet from defendants’ sporting clay course. He brought suit alleging the course constituted a nuisance due to the noise it generated; he sought damages and injunctive relief. The jury determined that the sporting clay course constituted a nuisance, but that plaintiff suffered no damages. Thereupon, the trial court entered an order barring operation of “any sport shooting, skeet or other target shooting range” at the facility at any time on Sunday. Defendants appeal asserting, inter alia, OCGA § 41-1-9 c, which was enacted in 1997, forbids their sporting clay course from being enjoined as a noise generating nuisance.

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