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DUFFIELD v. DeKALB COUNTY

33902.

242 Ga. 432 (1978)

249 S.E.2d 235

DUFFIELD et al. v. DeKALB COUNTY et al.

Supreme Court of Georgia.

Decided October 25, 1978.

Attorney(s) appearing for the Case

Raiford, McKeithen & Dixon, Tyler C. Dixon, for appellants.

George P. Dillard, Gail C. Flake, for appellees.

UNDERCOFLER, Presiding Justice.

Plaintiff property owners brought suit against DeKalb County and the City of Atlanta seeking an injunction and damages for continuing nuisance and inverse condemnation. DeKalb County raised the defenses of failure to state a claim, sovereign immunity, the statute of limitation, and waiver in its motion for partial summary judgment, which the trial court granted on all four grounds. The property owners appeal. We reverse the judgment...

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