Floyd County v. Scott, 320 Ga. App. 549

Scott and Scott sued Floyd County over flooding from drainage work near their property and adjacent Wrights’ property.
Wrights installed an underground drainage pipe in 1999; County later installed an additional pipe and a drainage tie-in under East Camelia Road in 2003.
The 2003 work connected the Wrights’ pipe to the Scotts’ property, allegedly increasing water flow onto the Scotts’ land.
The Scotts filed suit in February 2011 alleging continuing nuisance and other claims stemming from flooding after the 2003 work; they amended to deny pre-2009 flooding.
The trial court denied summary judgment on the nuisance claim, but this Court holds the nuisance claim is barred by the four-year statute of limitations for real property damages because the nuisance was permanent and accrued when observable harm occurred.
The record shows observed flooding and damage predating 2009, with suit filed in 2011, triggering accrual decades prior and thus the action is time-barred.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the nuisance claim is barred by statute of limitations	Scott(s) contend accrual tolled by ongoing effects	County argues permanent nuisance accrued at creation in 2003	Yes, barred; four-year period ran from creation/observable harm.

Oglethorpe Power Corp. v. Forrister, 289 Ga. 331, 711 S.E.2d 641 (2011) (Ga. 2011) (statute of limitations accrual for permanent nuisance when harm becomes observable)
City of Columbus v. Cielinski, 319 Ga. App. 289, 734 S.E.2d 922 (2012) (Ga. App. 2012) (relevance of nuisance/ takings concepts in damages)
City of Atlanta v. Kleber, 285 Ga. 413, 677 S.E.2d 134 (2009) (Ga. 2009) (general rules on observable harm and discovery)
Stanfield v. Glynn County, 280 Ga. 785, 786 (631 S.E.2d 374) (2006) (Ga. 2006) (inverse condemnation/taking concepts in nuisance)