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TOYO TIRE NORTH AMERICA MFG. INC. v. DAVIS

S15G1804.

787 S.E.2d 171 (2016)

299 Ga. 155

TOYO TIRE NORTH AMERICA MANUFACTURING INC. v. DAVIS et al.

Supreme Court of Georgia.

Decided: June 6, 2016.

Attorney(s) appearing for the Case

Robert Philip Alpert, Jeffrey Keith Douglass, Morris, Manning & Martin, LLP, 1600 Atlanta Financial Center, 3343 Peachtree Road, N.E., Atlanta, Georgia 30326, David G. Archer, Archer & Lovell, PC, P.O. Box 1024, Cartersville, Georgia 30120-1024, for Appellant.

William Morgan Akin, S. Lester Tate, III, Akin & Tate, PC, P.O. Box 878, Cartersville, Georgia 30120-0707, for Appellee.

Brian David Boone, Alston & Bird LLP, Bank of America Plaza, 101 South Tryon Street, Charlotte, North Carolina 28280, Kyle G.A. Wallace, Andrew Jacob Tuck, Alston & Bird, LLP, 1201 W. Peachtree Street, Atlanta, Georgia 30309, Hugh Brown McNatt, T. Joshua R. Archer, Malissa Anne Kaufold-Wiggins, Balch & Bingham LLP, 30 Ivan Allen Jr. Boulevard, N.W., Suite 700, Atlanta, Georgia 30308, Charles William Whitney, Oglethorpe Power Corporation, 2100 E. Exchange Place, Tucker, Georgia 30084-3448, for Amicus Appellant.

Toyo Tire North America Manufacturing Inc. operates a large tire manufacturing and distribution facility about 625 feet from the home of Lynn and Duron Davis. The Davises sued Toyo Tire, alleging that its facility is a nuisance and has resulted in a trespass, causing them discomfort and annoyance and diminishing their property...

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