2025 Code of Georgia
Title 41 - Nuisances (Chs. 1 — 3)
Chapter 2 - Abatement of Nuisances Generally (§§ 41-2-1 — 41-2-17)

Annotations

JUDICIAL DECISIONS

This chapter furnishes a summary remedy for the abatement of nuisances, public or private, and such remedy should be resorted to unless the facts make it inadequate. Powell v. Foster, 59 Ga. 790, 1877 Ga. LEXIS 398 (1877); Broomhead v. Grant, 83 Ga. 451, 10 S. E. 116, 1889 Ga. LEXIS 94 (1889); Hendricks v. Jackson, 143 Ga. 106, 84 S. E. 440, 1915 Ga. LEXIS 310 (1915); Simmons v. Lindsay, 144 Ga. 845, 88 S. E. 199, 1916 Ga. LEXIS 144 (1916).

Procedure provided for in this chapter is the proper remedy when the sole relief sought by the plaintiff is the removal of obstructions in a public alley or street placed there by the defendant. Barnes v. Cheek, 84 Ga. App. 653, 67 S. E.2d 145, 1951 Ga. App. LEXIS 760 (1951).

This chapter was not intended to afford a remedy against that which is not an actually existing nuisance, as distinguished from that which may or probably will become such. The statutory language seems to admit of no other construction. Fairview Cem. Co. v. Wood, 36 Ga. App. 709, 138 S. E. 88, 1927 Ga. App. LEXIS 264 (1927).

Research References & Practice Aids

Abatement of nuisances relating to manufacture, sale, and other activities concerning of distilled spirits in dry counties and municipalities, § 3-10-8.

Institution of action for injunction, mandamus, to prevent, correct, or abate violation or threatened violation of county building, electrical, and other codes, § 36-13-10.

When statute of limitations begins to run as to cause of action for nuisance based on air pollution, 19 A. L. R.4th 456.