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PAYNE v. TERRELL

No. A04A1696.

629 S.E.2d 839 (2006)

278 Ga. App. 676

PAYNE et al. v. TERRELL et al.

Court of Appeals of Georgia.

April 7, 2006.

Attorney(s) appearing for the Case

Donald D.J. Stack, Jonathan L. Schwartz, Atlanta, for appellants.

Stewart, Melvin & Frost, J. Douglas Stewart, Gainesville, for appellees.

BERNES, Judge.

In Payne v. Terrell, 269 Ga.App. 540, 604 S.E.2d 551 (2004), we reversed the trial court's denial of a permanent injunction sought by the Payne family and held that the Terrells' commercial poultry venture constituted a nuisance as a matter of law at the particular site proposed for the construction of four poultry houses. The Supreme Court granted certiorari and, in

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