Payne v. Terrell

Court of Appeals of Georgia

Payne v. Terrell

629 S.E.2d 839, 278 Ga. App. 676, 2006 Fulton County D. Rep. 1173, 2006 Ga. App. LEXIS 398

CourtCourt of Appeals of Georgia

DecidedApril 7, 2006

DocketA04A1696

StatusPublished

This text of 629 S.E.2d 839 (Payne v. Terrell) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Payne v. Terrell, 629 S.E.2d 839, 278 Ga. App. 676, 2006 Fulton County D. Rep. 1173, 2006 Ga. App. LEXIS 398 (Ga. Ct. App. 2006).

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Opinion

Bernes, Judge.

In Payne v. Terrell, 269 Ga. App. 540 (604 SE2d 551) (2004), we reversed the trial court’s denial of a permanent injunction sought by the Payne family and held that the Terrells’ commercial poultry venture constituted a nuisance as a matter of law at the particular site proposed for the construction of four poultry houses. The Supreme Court granted certiorari and, in Terrell v. Payne, 280 Ga. 51 (622 SE2d 330) (2005), reversed our decision. We therefore vacate our earlier opinion and adopt the judgment of the Supreme Court as our own.

Judgment affirmed.

Ruffin, C. J., and Adams, J., concur.

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Bernes, Judge.

In Payne v. Terrell, 269 Ga. App. 540 (604 SE2d 551) (2004), we reversed the trial court’s denial of a permanent injunction sought by the Payne family and held that the Terrells’ commercial poultry venture constituted a nuisance as a matter of law at the particular site proposed for the construction of four poultry houses. The Supreme Court granted certiorari and, in Terrell v. Payne, 280 Ga. 51 (622 SE2d 330) (2005), reversed our decision. We therefore vacate our earlier opinion and adopt the judgment of the Supreme Court as our own.

Judgment affirmed.

Ruffin, C. J., and Adams, J., concur.

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Bluebook (online)

629 S.E.2d 839, 278 Ga. App. 676, 2006 Fulton County D. Rep. 1173, 2006 Ga. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/payne-v-terrell-gactapp-2006.

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