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Georgia-Pacific Consumer Products, Lpv.Kirbi Ratner Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A1969
DecidedMarch 8, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceEnvironmental LawProperty LawSummary JudgmentStatutory InterpretationDissent
Case Summary

Residents of a Georgia subdivision sued the operator of a recycled paper mill, alleging that hydrogen sulfide from the mill’s sludge-disposal operations damaged their homes and interfered with the use and enjoyment of their property. The trial court ruled for the residents on part of their nuisance claim but granted the mill summary judgment on trespass. The Georgia Court of Appeals held that Georgia’s right-to-farm statute protected the mill from nuisance liability because recycled paper qualified as a forest product and the mill was an agricultural support facility under the statute. The court also held that the statutory protection applied because the residents had not shown negligent operation, and it granted the mill summary judgment on the negligence, trespass, punitive-damages, and attorney-fee claims. The majority treated the statutory language and legislative purpose as controlling. A separate opinion disagreed as to trespass, reasoning that the residents had presented a factual dispute about continuing releases of hydrogen sulfide and sulfuric acid. The disposition followed the majority’s statutory analysis.

Opinion

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