Legal Opinion
Fulton County v. Wheaton
Supreme Court of Georgia
Decided January 25, 1984No. 40416PublishedCited by 24 opinions
1Opinion of the Court
Weltner, Justice.
The Wheatons obtained a directed verdict against Fulton County and certain county officials for flood damage to their home. The trial court found the county liable for maintaining a continuing nuisance which constituted a total taking of the Wheatons’ property, and awarded damages in an amount equal to the fair market value of the property. Fulton County appeals.
The Wheatons purchased their home on Forest Valley Road in Fulton County in 1974. Soon thereafter, the creek on their property overflowed, and a small amount of water entered the house. Over the next five years, their…
2Cases cited5 opinions
- Miree v. United StatesSupreme Court of Georgia · 1978
- City of Columbus, Ga. v. MyszkaSupreme Court of Georgia · 1980
- DeKalb County v. McFarlandSupreme Court of Georgia · 1974
- Wilmoth v. Henry CountySupreme Court of Georgia · 1983
- Lewis v. DeKalb CountySupreme Court of Georgia · 1983
3Cited by24 opinions
- Hibbs v. City of RiverdaleSupreme Court of Georgia · 1996
- DeKalb County v. OrwigSupreme Court of Georgia · 1991
- Merlino v. City of AtlantaSupreme Court of Georgia · 2008
- City of Columbus v. BarngroverCourt of Appeals of Georgia · 2001
- City of Atlanta v. KleberSupreme Court of Georgia · 2009
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