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OGLETHORPE POWER CORP. v. FORRISTER

No. A09A2015.

693 S.E.2d 553 (2010)

OGLETHORPE POWER CORP. v. FORRISTER et al.

Court of Appeals of Georgia.

March 30, 2010.

Attorney(s) appearing for the Case

McNatt, Greene & Peterson, Hugh B. McNatt, Balch & Bingham, Natalie M. Christensen, for Appellants.

McRae, Stegall, Peek, Harman, Smith & Manning, Michael D. McRae, Jason B. Sanker, for Appellees.

Charles T. Autry, Roland Hall, Peter M. Degnan, Jonathan E. Wells, amici curiae.

BARNES, Judge.

The difference between a permanent nuisance and a continuing nuisance continues to be "one of the most baffling areas of the law."1 In this case we must define the kind of nuisance created by the noise and vibration from a part-time power plant. If it is permanent, this consolidated suit against the owner and operator of the plant by 12 property owners is barred by the expiration of the statute of limitation. If the nuisance...

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