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10 Georgia opinions name it 2 courts 1996–2025 1 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Hibbs v. City of Riverdalegreen2 sentences2025Ryles contends that the trial court erred in ruling that she could not base a claim for nuisance on the City’s failure to place crosswalks on the Parkway. 9 Our Supreme Court has recognized that “[w]hile a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance.” Hibbs v. City of Riverdale, 267 Ga. 337, 337 ( 478 SE2d 121 ) (1996); see also Phillips, 224 Ga. at 838 (“a municipal corporation cannot under the guise of performing 2025Ryles contends that the trial court erred in ruling that she could not base a claim for nuisance on the City’s failure to place crosswalks on the Parkway. 9 Our Supreme Court has recognized that “[w]hile a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance.” Hibbs v. City of Riverdale, 267 Ga. 337, 337 ( 478 SE2d 121 ) (1996); see also Phillips, 224 Ga. at 838 (“a municipal corporation cannot under the guise of performing | 5 | 7 |
City of Thomasville v. Shankgreen2 sentences2018(Citation omitted.) Hibbs v. City of Riverdale , 267 Ga. 337 , 478 S.E.2d 121 (1996). 1 As the Supreme Court of Georgia explained, "[t]his exception to sovereign immunity is based on the principle that a municipal corporation can not, under the guise of performing a governmental function, create a nuisance dangerous to life and health or take or damage private property for public purpose, without just and adequate compensation being first paid." (Citation and punctuation omitted.) City of Thomasville v. Shank , 263 Ga. 624 , 624-625 (1), 437 S.E.2d 306 (1993). 2018(Citation omitted.) Hibbs v. City of Riverdale , 267 Ga. 337 , 478 S.E.2d 121 (1996). 1 As the Supreme Court of Georgia explained, "[t]his exception to sovereign immunity is based on the principle that a municipal corporation can not, under the guise of performing a governmental function, create a nuisance dangerous to life and health or take or damage private property for public purpose, without just and adequate compensation being first paid." (Citation and punctuation omitted.) City of Thomasville v. Shank , 263 Ga. 624 , 624-625 (1), 437 S.E.2d 306 (1993). | 2 | 3 |
Mayor &C. of Savannah v. Palmeriogreen2 sentences2013See also Mayor &c. of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 224 ) (1978) (a municipality “maybe liable for damages it causes to a third party from the operation or maintenance of a nuisance, irrespective of whether it is exercising a governmental or municipal function”) (citation omitted). 2013See also Mayor &c. of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 224 ) (1978) (a municipality “maybe liable for damages it causes to a third party from the operation or maintenance of a nuisance, irrespective of whether it is exercising a governmental or municipal function”) (citation omitted). | 2 | 2 |
Town of Fort Oglethorpe v. Phillipsgreen1 sentence2025Ryles contends that the trial court erred in ruling that she could not base a claim for nuisance on the City’s failure to place crosswalks on the Parkway. 9 Our Supreme Court has recognized that “[w]hile a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance.” Hibbs v. City of Riverdale, 267 Ga. 337, 337 ( 478 SE2d 121 ) (1996); see also Phillips, 224 Ga. at 838 (“a municipal corporation cannot under the guise of performing | 1 | 1 |
City of Atlanta v. Chambersgreen2 sentences2002“Under Supreme Court guidelines, there must be the maintenance of a dangerous condition on a continuous or regular basis over a period of time in which no action or inadequate action is taken to correct the condition after knowledge thereof.” (Punctuation and emphasis omitted.) City of Atlanta v. Chambers, 205 Ga. App. 834, 837 (5) ( 424 SE2d 19 ) (1992). 2002“Under Supreme Court guidelines, there must be the maintenance of a dangerous condition on a continuous or regular basis over a period of time in which no action or inadequate action is taken to correct the condition after knowledge thereof.” (Punctuation and emphasis omitted.) City of Atlanta v. Chambers, 205 Ga. App. 834, 837 (5) ( 424 SE2d 19 ) (1992). | 1 | 1 |
Gooden v. City of Atlantagreen2 sentences2002“While a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance.” Gooden v. City of Atlanta, 242 Ga. App. 786, 788 ( 531 SE2d 364 ) (2000). 2002“While a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance.” Gooden v. City of Atlanta, 242 Ga. App. 786, 788 ( 531 SE2d 364 ) (2000). | 1 | 1 |
Martin v. Georgia Department of Public Safetygreen2 sentences2000Safety, 257 Ga. 300, 303 ( 357 SE2d 569 ) (1987). 2 Despite this immunity for negligent acts, a municipality may be liable for damages it causes from creating or maintaining a nuisance: While a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance. [Cit.] The difficulty arises in determining what conduct or act on the part of a municipality will result in the creation or maintenance of a nuisance, as opposed to an action in n 2000Safety, 257 Ga. 300, 303 ( 357 SE2d 569 ) (1987). 2 Despite this immunity for negligent acts, a municipality may be liable for damages it causes from creating or maintaining a nuisance: While a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be liable for damages it causes to a third party from the creation or maintenance of a nuisance. [Cit.] The difficulty arises in determining what conduct or act on the part of a municipality will result in the creation or maintenance of a nuisance, as opposed to an action in n | 1 | 1 |
City of Bowman v. Gunnellsgreen2 sentences2000In City of Bowman v. Gunnells, 243 Ga. 809, 811 (2) ( 256 SE2d 782 ) (1979), this Court established guidelines for determining whether a municipality will be liable for creating or maintaining a nuisance: the defect or degree of misfeasance must exceed mere negligence (as distinguished from a single act); the act complained of must be of some duration and the maintenance of the act or defect must be continuous or regularly repetitious; and there must be a failure of municipal action within a reasonable time after knowledge of the defect or dangerous condition. 2000In City of Bowman v. Gunnells, 243 Ga. 809, 811 (2) ( 256 SE2d 782 ) (1979), this Court established guidelines for determining whether a municipality will be liable for creating or maintaining a nuisance: the defect or degree of misfeasance must exceed mere negligence (as distinguished from a single act); the act complained of must be of some duration and the maintenance of the act or defect must be continuous or regularly repetitious; and there must be a failure of municipal action within a reasonable time after knowledge of the defect or dangerous condition. | 1 | 1 |
Sheley v. Board of Public Educationgreen2 sentences2000Ed. for the City of Savannah &c., 132 Ga. App. 314, 316-317 (2) ( 208 SE2d 126 ) (1974) (city school board had immunity from nuisance claim by mother whose son drowned in septic tank on school property which was left uncovered). 5 See Hibbs v. City of Riverdale, 267 Ga. 337 ( 478 SE2d 121 ) (1996) (“While a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be hable for damages it causes to a third party from the creation or maintenance of a nuisance.”). 6 See Sheley, supra at 317 (3) (“Conceding, but not deciding, t 2000Ed. for the City of Savannah &c., 132 Ga. App. 314, 316-317 (2) ( 208 SE2d 126 ) (1974) (city school board had immunity from nuisance claim by mother whose son drowned in septic tank on school property which was left uncovered). 5 See Hibbs v. City of Riverdale, 267 Ga. 337 ( 478 SE2d 121 ) (1996) (“While a municipality enjoys sovereign immunity from liability for negligent acts done in the exercise of a governmental function, it may be hable for damages it causes to a third party from the creation or maintenance of a nuisance.”). 6 See Sheley, supra at 317 (3) (“Conceding, but not deciding, t | 1 | 1 |
Dollar v. Dalton Public Schoolsgreen2 sentences2000Schools, 233 Ga. App. 827, 828 (1) (d) ( 505 SE2d 789 ) (1998) (“The school district... is not a municipality. 2000Schools, 233 Ga. App. 827, 828 (1) (d) ( 505 SE2d 789 ) (1998) (“The school district... is not a municipality. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.