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· 11/22/2002

City of Gainesville v. Waters

Citations

  • 574 S.E.2d 638
  • 258 Ga. App. 555
  • 2002 Fulton County D. Rep. 3603
  • 2002 Ga. App. LEXIS 1502

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • evidence of bad faith shown by city’s refusal to alleviate drainage problems despite knowledge of flooding to plaintiffs property
  • bad faith attorney fee issue properly submitted to jury where, despite defendant’s knowledge of flooding problems, defendant failed to alleviate drainage problems that led to flooding on plaintiffs property
  • “The measure of damages for discomfort, loss of peace of mind, unhappiness and annoyance of the plaintiff caused by the maintenance of a nuisance is for the enlightened conscience of the jury.”
  • “Where a nuisance is not permanent in its character, but is one which can and should be abated by the person erecting or maintaining it, every continuance of the nuisance is a fresh nuisance for which a fresh action will lie”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes, Ruffin, Pope

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.