ELR Citation: ELR 20081
No(s). 26520 (Ga. Jun 2, 1971)

The trial court's denial of a motion to dismiss a suit alleging that the construction and operation of a private airport would constitute a nuisance and therefore should be enjoined is affirmed. Where there is a reasonable certainty that irreparable harm will result from the operation of an otherwise lawful business an equity court may enjoin the construction of that business.

Counsel for Plaintiff
Lawrence B. Custer
Custer & Smith
204 Washington Avenue
Marietta, GA 30060

Counsel for Defendant
Robert J. Noland
Noland & Coney
115 Bowden Street
Douglasville, GA 30134

All the Justices concur.