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2018 Georgia Code 41-2-3 | Car Wreck Lawyer

TITLE 41 NUISANCES

Section 2. Abatement of Nuisances Generally, 41-2-1 through 41-2-17.

41-2-3. Filing of petition to abate private nuisance.

A private nuisance may be abated upon filing of a petition by the person injured.

(Orig. Code 1863, § 3999; Code 1868, § 4027; Code 1873, § 4098; Code 1882, § 4098; Civil Code 1895, § 4766; Civil Code 1910, § 5338; Code 1933, § 72-203; Ga. L. 1980, p. 620, § 3.)

JUDICIAL DECISIONS

General Consideration

Cited in Lockwood v. Daniel, 193 Ga. 122, 17 S.E.2d 542 (1941); De Long v. Kent, 85 Ga. App. 360, 69 S.E.2d 649 (1952); Clark v. Baety, 216 Ga. 42, 114 S.E.2d 527 (1960).

Statute of Limitations

Statute of limitations not a bar to equitable relief.

- Plaintiff's right to equitable relief was not barred by the statute of limitations on grounds that the nuisance complained of had existed for a period of more than four years prior to the institution of litigation, since when there is a continuing nuisance, a new cause of action arises daily and a court of equity takes jurisdiction in such a case to avoid a multiplicity of suits. Scott v. Dudley, 214 Ga. 565, 105 S.E.2d 752 (1958).

RESEARCH REFERENCES

Am. Jur. 2d.

- 58 Am. Jur. 2d, Nuisances, §§ 212, 213, 217, 226, 377-381.

C.J.S.

- 66 C.J.S., Nuisances, §§ 107-115, 184 et seq., 192 et seq.

ALR.

- Ice manufacturing or distributing plant as nuisance, 41 A.L.R. 626.

Injunction against games on neighboring property, 62 A.L.R. 782; 32 A.L.R.3d 1127.

Casting of light on another's premises as constituting actionable wrong, 5 A.L.R.2d 705; 79 A.L.R.3d 253.

Public dances or dance halls as nuisances, 44 A.L.R.2d 1381.

Buyer's acceptance of delayed or defective instalment of goods as waiver of similar default as to later instalments, 32 A.L.R.3d 1127.

Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.

Residential swimming pool as nuisance, 49 A.L.R.3d 545.

Gasoline or other fuel storage tanks as nuisance, 50 A.L.R.3d 209.

Exhibition of obscene motion pictures as nuisance, 50 A.L.R.3d 969.

Airport operations or flight of aircraft as nuisance, 79 A.L.R.3d 253.

Operation of cement plant as nuisance, 82 A.L.R.3d 1004.

Funeral home as private nuisance, 8 A.L.R.4th 324.

Cases Citing Georgia Code 41-2-3 From Courtlistener.com

Total Results: 3

Jones v. Boone

Court: Supreme Court of Georgia | Date Filed: 2015-06-29

Snippet: § 9 4.12,3 and Jones’ appointment as city attorney by the

Jones v. Boone

Court: Supreme Court of Georgia | Date Filed: 2015-06-29

Citation: 297 Ga. 437, 774 S.E.2d 668, 2015 Ga. LEXIS 494

Snippet: council, see Charter of the City of Gordon, § 4.12, 3 and Jones’ appointment as city attorney

McDaniel v. McDaniel

Court: Supreme Court of Georgia | Date Filed: 2011-03-07

Citation: 707 S.E.2d 60, 288 Ga. 711, 2011 Fulton County D. Rep. 542, 2011 Ga. LEXIS 183

Snippet: testator's fears, affections, or sympathies." OCGA § 53-4-12. 3. The propounder's remaining enumerations of error