Georgia Supreme Court Reaffirms the Rule that a Nuisance Can Cause Damage to Both Person and Property

In a case involving a nuisance, the measure of damages includes recovery for both injury to persons and property. Persons with standing to make the claims include residents and non-resident property owners. Residents have a claim for annoyance and discomfort associated with enduring a nuisance, while property owners also have a claim for a diminished property value. The diminution in property value can take the form of a decrease in market value and lost rental value during the time the nuisance existed. Several of these principles were addressed and reaffirmed recently by the Georgia Supreme Court in an opinion in Toyo Tire N. Am. Mfg. v. Davis, 299 Ga. 155 (2016).