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REHEIS v. BAXLEY CREOSOTING & OSMOSE WOOD PRESERVING CO.

No. A04A0170.

601 S.E.2d 781 (2004)

268 Ga. App. 256

REHEIS et al. v. BAXLEY CREOSOTING & OSMOSE WOOD PRESERVING COMPANY et al.

Court of Appeals of Georgia.

July 1, 2004.

Attorney(s) appearing for the Case

Thurbert Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John Hennelly, Assistant Attorney General, Timothy Ritzka, Assistant Attorney General, W. Hewitt, N.E. Atlanta, for Appellant.

John Croley, Fitzgerald, John Reinhardt, Reinhardt & Whitley, Tifton, Keith Morris, Baxley, for Appellee.

MIKELL, Judge.

OCGA § 12-8-96.1(a) of the Georgia Hazardous Site Response Act ("HSRA") permits the state to recover the reasonable costs incurred in cleaning up hazardous waste sites, as well as attorney fees and punitive damages. In this case of first impression, we hold that defendants sued under OCGA § 12-8-96.1(a) have no right to a jury trial on the issue of whether the actual costs were reasonable, but they may demand a jury trial on the issue of punitive...

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