Georgia Court of Appeals, 2006

Payne v. Terrell

Payne v. Terrell
Georgia Court of Appeals · Decided April 7, 2006 · Bernes
278 Ga. App. 676; 629 S.E.2d 839; 2006 Fulton County D. Rep. 1173; 2006 Ga. App. LEXIS 398

Payne v. Terrell

Opinion of the Court

Bernes, Judge.

In Payne v. Terrell, 269 Ga. App. 540 (604 SE2d 551) (2004), we reversed the trial court’s denial of a permanent injunction sought by the Payne family and held that the Terrells’ commercial poultry venture constituted a nuisance as a matter of law at the particular site proposed for the construction of four poultry houses. The Supreme Court granted certiorari and, in Terrell v. Payne, 280 Ga. 51 (622 SE2d 330) (2005), reversed our decision. We therefore vacate our earlier opinion and adopt the judgment of the Supreme Court as our own.

Judgment affirmed.

Ruffin, C. J., and Adams, J., concur.

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