Georgia Northeastern Railroad v. Lusk

MlKELL, Judge.

In Division 2 of Ga. Northeastern R. Co. v. Lusk, 258 Ga. App. 742 (574 SE2d 810) (2002), we affirmed the sum awarded as damages to Larry Lusk in this nuisance action, holding that the estimated cost to restore Lusk’s eroded riverbank was a proper measure of damages. The Supreme Court granted certiorari to consider whether the damages awarded constituted an impermissible double recovery and whether cost to repair or restore land is an appropriate measure of damages when that cost is disproportionate to the diminution in value. In Ga. Northeastern R. Co. v. Lusk, 277 Ga. 245 (587…