Legal Opinion

Duffield v. DeKalb County

Supreme Court of Georgia

Decided October 25, 1978No. 33902PublishedCited by 72 opinions

1Opinion of the Court

Undercofler, Presiding Justice.

Plaintiff property owners brought suit against DeKalb County and the City of Atlanta seeking an injunction and damages for continuing nuisance and inverse condemnation. DeKalb County raised the defenses of failure to state a claim, sovereign immunity, the statute of limitation, and waiver in its motion for partial summary judgment, which the trial court granted on all four grounds. The property owners appeal. We reverse the judgment.

DeKalb County has been operating the Snapfinger Water Pollution Control Plant on the South River since 1961. The property owners…

2Cases cited21 opinions

  1. Bowers v. Fulton CountySupreme Court of Georgia · 1966
  2. Miree v. United StatesSupreme Court of Georgia · 1978
  3. Woodside v. City of AtlantaSupreme Court of Georgia · 1958
  4. Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
  5. Smith v. Floyd CountySupreme Court of Georgia · 1890

16 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. City of Columbus, Ga. v. MyszkaSupreme Court of Georgia · 1980
  2. DeKalb County v. OrwigSupreme Court of Georgia · 1991
  3. Gary Lee Rymer and Deborah Ann Rymer v. Douglas CountyCourt of Appeals for the Eleventh Circuit · 1985
  4. Sundell v. Town of New LondonSupreme Court of New Hampshire · 1979
  5. Bailey v. Annistown Road Baptist Church, Inc.Court of Appeals of Georgia · 2009

67 more not listed; retrieve them via the Exa API.

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