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PAYNE v. TERRELL

No. A04A1696.

604 S.E.2d 551 (2004)

269 Ga. App. 540

PAYNE et al. v. TERRELL et al.

Court of Appeals of Georgia.

Reconsideration Denied September 13, 2004.

Attorney(s) appearing for the Case

Donald D. Stack, Jonathan L. Schwartz, Atlanta, for appellants.

Stewart, Melvin & Frost, J. Douglas Stewart, Gainesville, for appellees.

ELDRIDGE, Judge.

Barbara Payne and several of her relatives and neighbors ("plaintiffs") brought a nuisance action against Louise and William Terrell ("defendants") to enjoin the construction of four large commercial poultry houses next to plaintiffs' properties. Following a bench trial in the Superior Court of Franklin County, judgment was entered for the defendants, and plaintiffs appeal therefrom. Because it appears the trial court failed to follow the legal criteria...

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