City of Atlanta v. Kleber

The plaintiff homeowners’ nuisance claim against Defendant Norfolk Southern Corporation is not barred by the statute of *420limitations. As the majority correctly states, the classification of an alleged nuisance as permanent or continuing in nature directly controls the manner in which the applicable four-year statute of limitations is applied. However, the majority incorrectly classifies the intermittent flooding on the homeowners’ property that allegedly was caused by the presence of the Defendant’s drainage pipe as a permanent nuisance. In reaching this conclusion, the majority asserts that…