Oglethorpe Power Corp. v. Forrister

Barnes, Judge.

The difference between a permanent nuisance and a continuing nuisance continues to be “one of the most baffling areas of the law.”1 In this case we must define the kind of nuisance created by the noise and vibration from a part-time power plant. If it is permanent, this consolidated suit against the owner and operator of the plant by 12 property owners is barred by the expiration of the statute of limitation. If the nuisance is continuing, however, as the trial court found in denying the defendants’ motion for summary judgment, the suit is not barred. This court granted…