EMINENT DOMAIN - GEORGIA

Wise Business Forms, Inc. v. Forsyth County

Supreme Court of Georgia - September 19, 2023 - S.E.2d - 2023 WL 6065278

Property owner brought action against county and Georgia Department of Transportation (GDOT) asserting a claim for inverse condemnation by permanent nuisance after road expansion increased the surface and stormwater runoff flowing under its property, which created a sinkhole in its parking lot.

The Superior Court dismissed complaint, and property owner appealed. The Court of Appeals, Reese affirmed. Property owner appealed
.
The Supreme Court held that property owner’s claim for past and future damages caused by increased runoff was not barred by the four-year nuisance statute of limitations.



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