Duffield v. DeKalb County

How courts have described this case

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

• finding that a party may maintain an inverse condemnation suit for damages arising from a nuisance and recognizing the plaintiffs inverse condemnation suit based on offending noise and odors
• “the Constitution provides for a waiver of sovereign immunity where a county creates a nuisance which amounts to an inverse condemnation”
• “A county, unlike a municipality, is not. . . generally liable for creating nuisances. [Cits.]”
• property is taken under Georgia Constitution when owner’s right to “possess, use, enjoy and dispose of it” impaired
• suit permitted against county for nuisance and inverse condemnation where property was allegedly rendered unmarketable due to noise, odor, and pollution resulting from a plant
• suit permitted against county for nuisance and inverse condemnation where property was allegedly rendered unmarketable due to noise, odor, and pollution resulting from a plant

Source: CourtListener parenthetical corpus (CC0).