Partial Win For Oglethorpe Power in Georgia Nuisance Case
The Georgia Supreme Court has partially ruled in favor of both parties in a nuisance case in which local residents sued Oglethorpe Power Corporation over noise from the Polk County Sewell Creek Energy Facility. The Georgia Supreme Court held that the “continuing nuisance” began in 2004, which allows the Polk County residents within the statute of limitation to sue the power company. The court also ruled that, if the noise from the peaking plant is a nuisance at all, it would be considered a “continuing nuisance,” meaning that the residents are limited to one lawsuit for the recovery of past and future damages, even if the noise increases after that lawsuit. If the court were to have held otherwise, each operation of a generating plant would create a new claim with its own four-year limitation period. The case now will eventually go back to the trial court for resolution. More details are available in this article.
