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CITY OF ATLANTA v. LEI

Nos. A04A1836, A04A1837, A04A1838, A04A1839.

613 S.E.2d 131 (2005)

272 Ga. App. 732

CITY OF ATLANTA v. LANDMARK ENVIRONMENTAL INDUSTRIES, INC. Landmark Environmental Industries, Inc. v. City of Atlanta. City of Atlanta v. Yardum. Yardum v. City of Atlanta.

Court of Appeals of Georgia.

Reconsideration Denied April 13, 2005.

Attorney(s) appearing for the Case

Alston & Bird, LLP, David Meezan, Paul Kaplan, Rodney Ganske, Linda DiSantis, Kendric Smith, Atlanta, for City of Atlanta.

Eastman & Apolinsky, L.L.P., Stephen Apolinsky, Decatur, for Landmark Environmental Industries, Inc.

Drew, Eckl & Farnham, Joseph C. Chancey, Megan G. Mathews, for Yardum.

PHIPPS, Judge.

Landmark Environmental Industries, Inc. (LEI) filed a nuisance action against the City of Atlanta (City), claiming that the City had inversely condemned the business by allowing sewage to leak from its sewer line along Perry Boulevard and invade LEI's operating site, 2100 Spinks Street, NW (the Property). LEI had been leasing the Property from its owner, Ruth Yardum. Based on the contamination of her Property, Yardum filed a separate nuisance action...

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