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278 Ga. App. 676

Payne v. Terrell

Court of Appeals of Georgia

Decided April 7, 2006

Court of Appeals of Georgia · decided 2006-04-07

Relies on 269 Ga. App. 540 - Payne v. Terrell · Terrell v. Payne

Decided 2006-04-07

Bernes, Judge.

¶1In Payne v. Terrell, 269 Ga. App. 540 (604 SE2d 551) (2004), we reversed the trial court’s denial of a permanent injunction sought by the Payne family and held that the Terrells’ commercial poultry venture constituted a nuisance as a matter of law at the particular site proposed for the construction of four poultry houses. The Supreme Court granted certiorari and, in Terrell v. Payne, 280 Ga. 51 (622 SE2d 330) (2005), reversed our decision. We therefore vacate our earlier opinion and adopt the judgment of the Supreme Court as our own.

¶2Judgment affirmed.

Ruffin, C. J., and Adams, J., concur.
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