Payne v. Terrell

ELDRIDGE, Judge.

Barbara Payne and several of her relatives and neighbors (“plaintiffs”) brought a nuisance action against Louise and William Terrell (“defendants”) to enjoin the construction of four large commercial poultry houses next to plaintiffs’ properties. Following a bench trial in the Superior Court of Franklin County, judgment was entered for the defendants, and plaintiffs appeal therefrom. Because it appears the trial court failed to follow the legal criteria set forth in the Supreme Court of Georgia case of May v. Brueshaber 1 in determining the existence of a nuisance, we reverse.

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