Local Government Nuisance Legislation - Chapter 8 - Georgia Nuisance Law

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Georgia Nuisance Law - Hardcover

Georgia Nuisance Law - Electronic

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CHAPTER EIGHT
LOCAL GOVERNMENT NUISANCE LEGISLATION
Local governmental authorities across Georgia, as an exercise of
their general or police power, have adopted ordinances to declare and
prevent activities and conditions that constitute nuisances within their
jurisdictional boundaries.1 To survive potential constitutional challenges,
a local nuisance ordinance “should conform to general law pertaining to
nuisances, and is not vague if it uses terms which have well established
common law meanings or which are significantly explained in the context
of the ordinance as a whole.”2
Most counties and municipalities in Georgia have identified certain
activities, things and conditions as nuisances that are generally perceived
to be injurious to the public health, safety, morals, or welfare, such as
dangerous animals, obstructive signs and vegetation, adult entertainment
facilities, and things and activities that are harmful to the environment.
Some counties and municipalities in Georgia, based on circumstances
unique to their communities, have declared to be nuisances other
activities, things and conditions that might not be deemed nuisances by
other jurisdictions.
Local nuisance legislation derives from the authority to adopt such laws
conferred upon counties and municipalities by the State legislature. State
law, for instance, authorizes counties and municipalities to enact laws
requiring the repair, closing, or demolition of dwellings or other structures
that are unfit for human habitation or that “may imperil the health, safety, or
morals of the occupants thereof or of surrounding areas.”3 In addition,
O.C.G.A. § 41-2-7 expressly confers upon counties and municipalities the

CHAPTER EIGHT:
Local Government Nuisance Legislation

About the Editor-in-Chief:
David J. Marmins is a Partner in Balch & Bingham's Litigation and Creditors Rights and Bankruptcy Sections in the Atlanta, Georgia office. David has significant experience handling commercial and real estate related disputes. David's real estate work focuses on land use disputes, construction litigation and homeowners association matters. David's practice also includes the representation of creditors and other major parties-in-interest in bankruptcy cases and commercial litigation. David also handles a variety of general business litigation and government affairs matters. He frequently teaches continuing education courses on nuisance law and related real estate litigation matters and has been an instructor for the Community Association Institute at its law seminars and annual conferences.

David has successfully tried cases in federal and state courts throughout Georgia and won appeals in the Georgia Supreme Court, Georgia Court of Appeals and the Eleventh Circuit Court of Appeals. David has been recognized by Law & Politics and Atlanta Magazine annually as a Georgia Super Lawyer "Rising Star" since 2005 and a Georgia Super Lawyer beginning in 2009. David has been rated "AV" by Martindale Hubbell.

David began his career as an Assistant Attorney General for the State of Georgia in the Civil Rights Litigation section. David joined Balch in January 2000. David also worked as a reporter for the Fulton County Daily Report before attending law school. David resides in Smyrna, Ga. with his wife Amanda, son Alec and daughter Tatum.

About the Contributors:

Brian E. Daughdrill is a partner in the firm of Roberts & Daughdrill, P.C. and concentrates his practice on real estate, zoning and construction issues. He regularly advises clients regarding nuisance, run-off and trespass issues related to development and construction matters. He graduated magna cum laude from Mercer University's Walter F. George School of Law in 2000 and was on the Mercer Law Review. He has authored a number of articles on land-use issues and is a frequent guest speaker for continuing legal education seminars.

Leigh Martin May is a partner in the Atlanta office of Butler, Wooten & Fryhofer, LLP. She obtained her B.S. from Georgia Tech and her J.D. from the University of Georgia School of Law, where she served as Editor-In-Chief of the Georgia Law Review. Before working for Butler, Wooten, she was a law clerk for the Honorable Dudley H. Bowen, Jr., U.S. District Court, Southern District of Georgia.

Lorna McGilvray Norton is counsel with Balch & Bingham in Atlanta. She received her undergraduate degree with honors from James Madison University in Harrisonburg, Virginia. After graduating from Emory Law School, where she was on the editorial board of the Emory Law Journal, she worked for Hunton & Williams in Atlanta in its litigation group, where her practice focused on complex commercial and environmental litigation. Her practice focuses on her specialized expertise in research, analysis and writing for a wide range of complex business and commercial litigation matters.

Melanie B. Paidipalli is an in-house attorney for Georgia State University in Atlanta, Georgia. Her practice focuses on advising and assisting the University in real estate transactions. Prior to joining Georgia State University's Office of Legal Affairs, Melanie worked as an associate in a boutique firm specializing in commercial real estate transactions.

Lucy R. Atkinson is an associate at Weinberg, Wheeler, Hudgins, Gunn & Dial in Atlanta. Lucy's practice focuses on business litigation and product liability defense with an emphasis on medical device and pharmaceutical litigation. Lucy graduated magna cum laude from Washington and Lee University in 2002 and graduated cum laude from University of Georgia School of Law in 2007.

Emily A. Poe is an Associate at Weinberg, Wheeler, Hudgins, Gunn & Dial in Atlanta. Emily's practice focuses on civil litigation with emphasis on product liability, foodborne illness, and environmental and toxic tort liability. Emily graduated with her B.A. from Princeton University in 2001 and graduated cum laude from the University of Georgia School of Law in 2006.