Hibbs v. City of Riverdale

I concur, but we should point out to the extent they cite with approval or depend on a principle which the Supreme Court concluded is not the law.

We originally ruled that the City of Riverdale could not be liable because mere negligence is insufficient to support a cause of action for nuisance, citing City of Lawrenceville v. Macko, 211 Ga. App. 312, 316-317 (439 SE2d 95) (1993). Hibbs v. City of Riverdale, 219 Ga. App. 457, 458 (1) (465 SE2d 486) (1995). The Supreme Court held that to be incorrect; if the city acquires a duty to maintain property, then a failure to do so (i.e., negligence)…