City of Atlanta v. Wolcott

Jordan, Justice.

Appellees filed this action alleging that both the continuing use and the continuing development of a major recreational area maintained by the City of Atlanta adversely affected appellees’ adjoining property and that this use and development constituted a nuisance.

Appellant made a motion to dismiss on the ground that the superior court did not have original jurisdiction in an action for the abatement of a nuisance within the corporate limits of the City of Atlanta. The trial court overruled the motion to dismiss, ordered appellant to submit a plan for abatement of the…