Reid v. Gwinnett Cnty., 249 S.E.2d 559 (Ga. 1978). · Go Syfert
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Reid v. Gwinnett Cnty., 249 S.E.2d 559 (Ga. 1978). Cases Citing This Book View Copy Cite
51 citation events (20 in the last 25 years) across 5 distinct courts.
Strongest positive: Columbia Cnty. v. William W. Satcher, 894 S.E.2d 181 (Ga. Ct. App. 2023)
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978 2002 2026
How cited ↗
Cited for
242 Ga. at 89 County liability for continuing nuisance and damages10 citing cases“all claims against counties must be presented within 12 months after they accrue or become payable or the same are barred. . . .”2 citing courts quote it · passage not found verbatim in the opinion (88%)
  • Columbia Cnty. v. William W. Satcher, 894 S.E.2d 181 (Ga. Ct. App. 2023).published
    “those damages incurred in the 12 months preceding the giving of the notice”
  • Bailey v. Annistown Road Baptist Church, Inc., 689 S.E.2d 62 (Ga. Ct. App. 2009).published
    “is entitled to recover those damages incurred in the 12-months preceding the giving of the notice. [Cits.]”
  • Columbia Cnty. v. Doolittle, 512 S.E.2d 236 (Ga. 1999).published
    I (“No person shall be deprived of... property except by due process of law.”). 2 See Powell v. Ledbetter Bros., 251 Ga. 649, 651 ( 307 SE2d 663 ) (1983), overruled on other grounds, David Allen Co. v. Benton, 260 Ga. 557 ( 398 SE2d 191 )…
  • City of Chamblee v. Maxwell, 452 S.E.2d 488 (Ga. 1994).published
    Reid v. Gwinnett County, 242 Ga. 88, 89-90 ( 249 SE2d 559 ) (1978).
  • DeKalb Cnty. v. Orwig, 395 S.E.2d 824 (Ga. Ct. App. 1990).published 2 cites
    The Phillips case involved a municipality and not a county.” (Emphasis supplied.) See also Reid v. Gwinnett County, 242 Ga. 88, 89 ( 249 SE2d 559 ), which holds under the same principles of inverse condemnation that a county is liable for…
  • Etheridge v. Dougherty Cnty., 329 S.E.2d 201 (Ga. Ct. App. 1985).published
    “Where a county maintains a continuing nuisance by diverting surface water which causes damage to property, a claim arises in favor of the property owner each time such flooding, siltation, pollution, or other damage occ…”
  • Anderson v. Columbus, 264 S.E.2d 251 (Ga. Ct. App. 1979).published
    Rather, we hold this case is controlled by such decisions as Reid v. Gwinnett County, 242 Ga. 88, 89 ( 249 SE2d 559 ); Duffield v. DeKalb County, 242 Ga. 432 ( 249 SE2d 235 ); Fulton County v. Baranan, 240 Ga. 837 ( 242 SE2d 617 ); DeKalb…
  • Triangle Ctr., Inc. v. Dep't of Pub. Works, 438 N.E.2d 798 (Mass. 1982).published
    See Reid v. Gwinnett County, 242 Ga. 88, 89 (1978); Klutey v. Commonwealth, Dep’t of Highways, 428 S.W.2d 766, 769 (Ky. 1968); County of Clark v. Powers, 196 Nev. 497 (1980).
  • Fox v. Norfolk S. Corp., 802 S.E.2d 319 (Ga. Ct. App. 2017).published 2 cites
    See also Reid v. Gwinnett County, 242 Ga. 88, 89 ( 249 SE2d 559 ) (1978).
  • Petree v. Georgia Dep't of Transp., 798 S.E.2d 482 (Ga. Ct. App. 2017).published 2 cites
    (where a county diverts surface water onto the property of another and thereby causes damage to the property, it has created a continuing nuisance)
249 S.E.2d at 560 Interpreting constitutional limitations on state power2 citing cases1 listed here
  • Kitchen v. CSX Transp., Inc., 6 F.3d 727 (11th Cir. 1993).published 2 cites
    Mires v. United States, 242 Ga. 126 , 249 S.E.2d 573, 578-79 (1978); Reid v. Gwinnett County, 242 Ga. 88 , 249 S.E.2d 559, 560 (1978). .
Other citing cases4 with no pin cite or quoted language on record
Reid
v.
Gwinnett County
33491.
Supreme Court of Georgia.
Sep 7, 1978.
Published opinion
249 S.E.2d 559
1978 Ga. LEXIS 1105
Haas, Holland, Levison & Gibert, Richard N. Hubert, Robert L. Schwind, for appellant., James A. Henderson, for appellee.
Hill, Bowles.
Cited by 23 opinions  |  Published
Hill, Justice.

On September 8,1977, plaintiff-appellant Reid gave written notice to the chairman of the Gwinnett County Commission that the county had caused or permitted the collection and diversion of surface water from Peachtree Industrial Boulevard and its adjoining right-of-way in Gwinnett County onto plaintiffs property, thereby polluting, filling and damaging his lake and land in the amount of $50,000. The notice asserted that this collection and diversion of surface water constituted a continuing trespass and nuisance.

On September 12,1977, plaintiff-appellant filed suit against Gwinnett County. The complaint contained allegations similar to those described above and sought[*89] injunctive relief as well as damages.

The county moved for summary judgment on the grounds that it had governmental immunity and that there had been no compliance with the 12-months notice requirement of Code § 23-1602. The county relied upon an affidavit which showed that construction of the roadway in question was completed in August, 1975.

The trial court granted the county’s motion for summary judgment finding that there had been no compliance with the requirement that "All claims against counties must be presented within 12 months after they accrue or become payable. . . ” (Code § 23-1602), and further that the county has immunity from an action for damages.

The plaintiff appeals and we reverse.

A county is subject to suit for damages, as well as injunctive relief, for maintaining a roadway in such .manner as to constitute a continuing nuisance by diverting surface water onto a property owner’s property. Fulton County v. Baranan, 240 Ga. 837 (242 SE2d 617) (1978); Baranan v. Fulton County, 232 Ga. 852 (209 SE2d 188) (1974);DeKalb County v. McFarland, 223 Ga. 196 (2) (154 SE2d 203) (1967). It is no defense that the property is not adjacent to the roadway in question. 1969 Op. Atty. Gen. 69-106, p. 135 at 136.

While it is true that Code § 23-1502 provides that "A county is not liable to suit for any cause of action unless made so by statute,” it is also true that Art. I, Sec. Ill, Par. I of the Constitution (Code Ann. § 2-301) provides that private property shall not be taken or damaged for public purposes without just and adequate compensation being paid. As was said in the second Baranan case, supra, "The right of a property owner to recover against a county for damages to his property because of public improvements ... is by reason of [this] constitutional provision . . .”

Where a county maintains a continuing nuisance by diverting surface water which causes damage to property, a claim arises in favor of the property owner each time such flooding, siltation, pollution or other damage occurs. Upon giving the 12-months notice required by Code § 23-1602, such property owner is entitled to recover those damages incurred in the 12-months preceding the giving[*90] of the notice. DeKalb County v. McFarland, supra; Nalley v. Carroll County, 135 Ga. 835, 837 (70 SE 788) (1910).

Argued May 8, 1978 Decided September 7, 1978. Haas, Holland, Levison & Gibert, Richard N. Hubert, Robert L. Schwind, for appellant. James A. Henderson, for appellee.

Any inference in Habersham County v. Knight, 63 Ga. App. 720, 724 (12 SE2d 129) (1940), that the property owner would be barred from recovering for damages for a continuing nuisance if notice were not given within 12 months of completion of construction of the roadway is contrary to the DeKalb and Carroll County cases, supra, and will not be followed. See also Waters v. DeKalb County, 208 Ga. 741 (2) (69 SE2d 274) (1952). The case of Doyal v. Dept. of Transportation, 142 Ga. App. 79 (234 SE2d 858) (1977), involved damages which occurred on one occasion when a culvert collapsed. It therefore is not applicable here.

From the foregoing it follows that the trial court erred in granting summary judgment to the county.

Judgment reversed.

All the Justices concur, except Bowles, J., who concurs in the judgment only.