Legal Opinion · Concurrence

Kleber v. City of Atlanta

Court of Appeals of Georgia

Decided March 28, 2008No. A07A2160Published

1ConcurrenceSmith, Presiding Judge

While I concur in the result, I cannot concur with all that is written in the majority opinion. Our opinions in Walker v. Johnson, 278 Ga. App. 806 (630 SE2d 70) (2006), City of Macon v. Macrive Constr., 241 Ga. App. 396 (525 SE2d 418) (1999), and Macko v. City of Lawrenceville, 231 Ga. App. 671 (499 SE2d 707) (1998), should be limited to the facts presented but not disapproved. I write separately to clarify that the majority opinion should not be interpreted to hold that the statute of limitation will be tolled in perpetuity for any individual or entity that created a continuing nuisance,…

2Cases cited8 opinions

  1. Hibbs v. City of RiverdaleSupreme Court of Georgia · 1996
  2. Cox v. Cambridge Square Towne Houses, Inc.Supreme Court of Georgia · 1977
  3. Jowers v. StateCourt of Appeals of Georgia · 2005
  4. MacKo v. City of LawrencevilleCourt of Appeals of Georgia · 1998
  5. Walker v. JohnsonCourt of Appeals of Georgia · 2006

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