Legal Opinion
City of Chamblee v. Maxwell
Supreme Court of Georgia
Decided November 21, 1994No. S94G0850PublishedCited by 32 opinions
1Opinion of the Court
Carley, Justice.
Seeking damages for continuing trespass, appellee-plaintiff brought suit against appellant-defendant City of Chamblee. The trial court granted the City’s motion for summary judgment, based upon appellee’s failure to have given any written ante litem notice in accordance with OCGA § 36-33-5. The Court of Appeals affirmed in part and reversed in part, holding as follows:
“Notice given within six months from the expiration of the four-year period during which a nuisance continuously caused damages to plaintiff’s property is within the time prescribed and complies with . . . (OCGA…
2Cases cited14 opinions
- Saunders v. City of FitzgeraldSupreme Court of Georgia · 1901
- Jones v. City of AustellCourt of Appeals of Georgia · 1983
- Reid v. Gwinnett CountySupreme Court of Georgia · 1978
- DeKalb County v. McFarlandSupreme Court of Georgia · 1967
- Nalley v. Carroll CountySupreme Court of Georgia · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Atlanta Taxicab Co. Owners Ass'n v. City of AtlantaSupreme Court of Georgia · 2006
- City of Atlanta v. BENATORCourt of Appeals of Georgia · 2011
- Bailey v. Annistown Road Baptist Church, Inc.Court of Appeals of Georgia · 2009
- Howard v. MillerCourt of Appeals of Georgia · 1996
- Department of Public Safety v. RagsdaleSupreme Court of Georgia · 2020
27 more not listed; retrieve them via the Exa API.