Publication Date: 2018-04-18
Practice Area: Environmental Law | Real Estate
Industry: Manufacturing
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: David Hudson (Hull Barrett, PC), Augusta; Edward Hughes (Callaway, Braun, Riddle & Hughes, PC), Savannah; Quentin Marlin, Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
for defendant: John Bell (Bell & Brigham), Augusta; Timothy Roberts, Benjamin Perkins (Oliver Maner LLP), Savannah, for appellee.
Case Number: A17A1969
In plaintiffs' suit alleging that a paper mill damaged their property and interfered with the use and enjoyment of their property, the Court reversed the denial of the mill's motion for summary judgment on plaintiffs' claim for nuisance, as the mill was immune from nuisance liability under Georgia's right to farm statute, and found that the mill was entitled to summary judgment on plaintiffs' claims for negligence, trespass, and all derivative claims.