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

CourtSupreme Court of Georgia

DecidedJanuary 13, 1988

Docket44791

StatusPublished

Cited by1 cases

This text of 363 S.E.2d 543 (Leverich v. Roddenberry Farms, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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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