City of Thomasville v. Shank

How courts have described this case

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

• explaining that “a municipality is liable for creating or maintaining a nuisance which constitutes either a danger to life and health or a taking of property”
• a municipality, irrespective of whether it is exercising a governmental or ministerial function, may be liable for nuisance like any other individual or private corporation
• long standing exception to sovereign immunity that a municipality may be held liable for creating a nuisance was not abrogated by 1991 constitutional amendment
• “[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”
• “the doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”
• discussing long standing coexistence of sovereign immunity and nuisance exception

Source: CourtListener parenthetical corpus (CC0).