sovereign immunity and the nuisance exception (Georgia) · Go Syfert
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sovereign immunity and the nuisance exception in Georgia

5 Georgia opinions name it 2 courts 1993–2021 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.

Followed or applied (3)

CaseFollowedCited
City of Thomasville v. Shankgreen
ga · 1993 · cited in 4 Georgia opinions naming this issue, 2013–2021
2 sentences

2021Oglethorpe v. Phillips, 224 Ga. 834 ( 165 SE2d 141 ) (1969) and its “expansive effect on the municipal nuisance doctrine” (emphasis added)); id. at 15 (“By extending the nuisance doctrine to include personal injuries beyond those tied to the plaintiff’s property, Phillips enlarged the scope of municipalities’ potential liability in nuisance.” (emphasis added)); see also Shank, 263 Ga. at 624 (1) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.

2013It is well established, however, that “a municipality, whether exercising its governmental or its ministerial functions, is liable for damages resulting from operating or maintaining a nuisance.” (Citations omitted.) City of Columbus v. Myszka, 246 Ga. 571 (1) ( 272 SE2d 302 ) (1980); City of Thomasville v. Shank, 263 Ga. 624 (1) ( 437 SE2d 306 ) (1993) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”); Mayor of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 2

34
Mayor &C. of Savannah v. Palmeriogreen
ga · 1978 · cited in 2 Georgia opinions naming this issue, 2013–2013
2 sentences

2013It is well established, however, that “a municipality, whether exercising its governmental or its ministerial functions, is liable for damages resulting from operating or maintaining a nuisance.” (Citations omitted.) City of Columbus v. Myszka, 246 Ga. 571 (1) ( 272 SE2d 302 ) (1980); City of Thomasville v. Shank, 263 Ga. 624 (1) ( 437 SE2d 306 ) (1993) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”); Mayor of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 2

2013It is well established, however, that “a municipality, whether exercising its governmental or its ministerial functions, is liable for damages resulting from operating or maintaining a nuisance.” (Citations omitted.) City of Columbus v. Myszka, 246 Ga. 571 (1) ( 272 SE2d 302 ) (1980); City of Thomasville v. Shank, 263 Ga. 624 (1) ( 437 SE2d 306 ) (1993) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”); Mayor of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 2

22
Town of Fort Oglethorpe v. Phillipsgreen
ga · 1968 · cited in 2 Georgia opinions naming this issue, 1993–2021
2 sentences

2021Oglethorpe v. Phillips, 224 Ga. 834 ( 165 SE2d 141 ) (1969) and its “expansive effect on the municipal nuisance doctrine” (emphasis added)); id. at 15 (“By extending the nuisance doctrine to include personal injuries beyond those tied to the plaintiff’s property, Phillips enlarged the scope of municipalities’ potential liability in nuisance.” (emphasis added)); see also Shank, 263 Ga. at 624 (1) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.

2021Oglethorpe v. Phillips, 224 Ga. 834 ( 165 SE2d 141 ) (1969) and its “expansive effect on the municipal nuisance doctrine” (emphasis added)); id. at 15 (“By extending the nuisance doctrine to include personal injuries beyond those tied to the plaintiff’s property, Phillips enlarged the scope of municipalities’ potential liability in nuisance.” (emphasis added)); see also Shank, 263 Ga. at 624 (1) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
City of Columbus, Ga. v. Myszka green
ga · 1980
2 sentences

2013It is well established, however, that “a municipality, whether exercising its governmental or its ministerial functions, is liable for damages resulting from operating or maintaining a nuisance.” (Citations omitted.) City of Columbus v. Myszka, 246 Ga. 571 (1) ( 272 SE2d 302 ) (1980); City of Thomasville v. Shank, 263 Ga. 624 (1) ( 437 SE2d 306 ) (1993) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”); Mayor of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 2

2013It is well established, however, that “a municipality, whether exercising its governmental or its ministerial functions, is liable for damages resulting from operating or maintaining a nuisance.” (Citations omitted.) City of Columbus v. Myszka, 246 Ga. 571 (1) ( 272 SE2d 302 ) (1980); City of Thomasville v. Shank, 263 Ga. 624 (1) ( 437 SE2d 306 ) (1993) (“[T]he doctrine of sovereign immunity and the nuisance exception which makes municipalities liable for maintaining a nuisance have co-existed for many years in this state.”); Mayor of Savannah v. Palmerio, 242 Ga. 419, 426 (3) (g) ( 249 SE2d 2

22013–2013

Statutes the citing opinions construe

GA § 9-11-56 (3)

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.

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