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DAVIS v. CITY OF FORSYTH

No. A05A1425.

621 S.E.2d 495 (2005)

275 Ga. App. 747

DAVIS et al. v. CITY OF FORSYTH.

Court of Appeals of Georgia.

Reconsideration Denied October 6, 2005.

Attorney(s) appearing for the Case

Jeffery O. Monroe, Anderson, Walker & Reichert, LLP, Macon, for Appellants.

Harvey S. Gray, Laura J. Geissler, Gray, Rust, St. Amand, Moffett & Brieske, Atlanta, C. Robert Melton, Haygood, Lynch, Harris, Melton & Watson, Forsyth, for Appellee.

MIKELL, Judge.

Ronald H. Davis and Beverly Davis filed an action against the City of Forsyth in 2001 seeking injunctive relief and damages for a continuing nuisance based on repeated sewage overflows onto their property dating to the early 1990s. The Davises amended their complaint in 2003 to add a personal injury claim.1 The City moved for partial summary judgment, which the trial court granted, ruling that the personal injury claim was...

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