Leverich v. Roddenberry Farms, Inc.

Supreme Court of Georgia

Leverich v. Roddenberry Farms, Inc.

363 S.E.2d 543, 257 Ga. 731, 1988 Ga. LEXIS 17

Supreme Court of Georgia·Decided January 13, 1988·No. 44791·Published·Cited by 1 cases

Opinion

Weltner, Justice.

The only issue in this case is whether Leverich’s contention (that Roddenberry Farms damaged his property by diverting water onto his land) alleges a continuing nuisance, and hence is governed by the four-year statute, as contained in OCGA § 9-3-30.

In Cox v. Cambridge Square Towne Houses, 239 Ga. 127 (236 SE2d 73) (1977), we held that similar damages (continuing indefinitely, as is alleged in this case) constituted a continuing nuisance. Cox, supra, is applicable to this case, and Leverich’s claim, being one for a continuing nuisance, is governed by the four-year statute.

Judgment reversed.

All the Justices concur.

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Weltner, Justice.

The only issue in this case is whether Leverich’s contention (that Roddenberry Farms damaged his property by diverting water onto his land) alleges a continuing nuisance, and hence is governed by the four-year statute, as contained in OCGA § 9-3-30.

In Cox v. Cambridge Square Towne Houses, 239 Ga. 127 (236 SE2d 73) (1977), we held that similar damages (continuing indefinitely, as is alleged in this case) constituted a continuing nuisance. Cox, supra, is applicable to this case, and Leverich’s claim, being one for a continuing nuisance, is governed by the four-year statute.

Judgment reversed.

All the Justices concur.

Leverich v. Roddenberry Farms, Inc., 363 S.E.2d 543, 257 Ga. 731, 1988 Ga. LEXIS 17 (Ga. 1988).

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Opinion

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