Legal Opinion
Metropolitan Atlanta Rapid Transit Authority v. Trussell
Supreme Court of Georgia
Decided January 27, 1981No. 36853, 36854PublishedCited by 13 opinions
1Opinion of the Court
Undercofler, Justice.
The DeKalb Superior Court granted an injunction against DeKalb County’s quick taking condemnation on behalf of MARTA of a noise and vibration easement in the Sycamore Square condominiums on the grounds of misuse of power and lack of necessity and enjoined MARTA from running its trains over 18 miles per hour between the Decatur and Avondale stations on a nuisance basis. MARTA (Case No. 36853) and DeKalb County (Case No. 36854) appeal. We affirm for the reasons stated in this opinion.
This is a vibration case and is not a noise case. As the MARTA subway trains pass through a…
2Cases cited8 opinions
- Bowers v. Fulton CountySupreme Court of Georgia · 1966
- Duffield v. DeKalb CountySupreme Court of Georgia · 1978
- Holman v. Athens Empire Laundry Co.Supreme Court of Georgia · 1919
- Warren Company v. DicksonSupreme Court of Georgia · 1938
- Kea v. City of DublinSupreme Court of Georgia · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Provident Mutual Life Insurance v. City of AtlantaDistrict Court, N.D. Georgia · 1994
- Department of Transportation v. MixonSupreme Court of Georgia · 2021
- Hammond v. City of Warner RobinsCourt of Appeals of Georgia · 1997
- Cox Communications, Inc. v. Department of TransportationCourt of Appeals of Georgia · 1986
- Mosteller Mill, Ltd. v. Georgia Power Co.Court of Appeals of Georgia · 2005
8 more not listed; retrieve them via the Exa API.