ELR Citation: ELR 20849
No(s). 42691 (Ga. Jan 17, 1986)

The court holds that landowners are entitled to a jury verdict in their nuisance action against the owner of a carpet dye plant in Georgia who operates coal-fired boilers under an air pollution control permit granted by the state. The court first holds that operation of the coal-fired boilers may constitute a nuisance even though the owner holds a permit issued pursuant to the Georgia Air Quality Control Act. The court holds that although a lawfully operated business cannot be considered a nuisance per se, it may become a nuisance by reason of circumstances and surroundings. The court next holds that while the landowners could have challenged the granting of the permit and subsequent noncompliance in administrative proceedings, such proceedings do not provide an adequate remedy at law. Emissions from defendant's plant may be within the limits established by the permit and still constitute a nuisance. Moreover, plaintiffs complain of noise pollution as well as air pollution. Finally, the court holds that a tape recording of the alleged noise pollution was properly admitted into evidence according to Georgia law. The person who made the recording was available for cross-examination, and the jury had the opportunity to visit the site where the recording was made.

Counsel for Plaintiffs
James S. Bisson III
Mitchell, Coppedge, Weston, Bisson & Miller
101 N. Thornton Ave., Dalton GA 30720
(404) 278-2040

Counsel for Defendant
James H. Lohr
Bremer, Wade, Nelson & Alt
190 Monroe Ave. NW, 5th Fl., Grand Rapids MI 49503
(616) 774-2944

Renzo Wiggins
Wiggins Law Office
303 Nashville St., Ringgold GA 30736
(404) 935-3971

All the Justices concur.