PRIBEAGU Et Al. v. GWINNETT COUNTY
336 Ga. App. 753
Ga. Ct. App.2016Background
- Pribeagu et al. sue Gwinnett County for inverse condemnation over repeated flooding allegedly caused by county-maintained roads and drainage.
- County moved for summary judgment; trial court denied, then granted a motion in limine excluding certain damages evidence.
- Trial court excluded personal property damages and two expert witnesses; Pribeagus obtained a certificate of immediate review.
- Georgia law allows inverse condemnation damages to be measured like condemnation; counties may be liable for a continuing nuisance only if it amounts to a taking.
- Evidence on costs of repair may be admissible as a factor in determining diminished value of remaining property, not as a separate damages element.
- Orwig II governs attorney-fee awards in inverse condemnation actions; Forsyth County v. Martin and Edwards authorize fees under OCGA § 13-6-11 in such actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Damages for personal property recoverable? | Pribeagus contend personal property damages are recoverable. | County argues Orwig II forecloses such damages absent specific property identification. | Denied; insufficient record to review due to lack of property identification. |
| Cost of repair as evidence in diminution in value? | Cost to repair may explain decreased FMV of remaining property. | Cost to repair cannot be separate damages; may only influence FMV. | Admissible as a factor in diminution in value, not a separate damages element. |
| Attorney fees in inverse condemnation? | Fees may be recoverable under OCGA § 13-6-11 for bad faith litigation. | Orwig II barred fees as element of just and adequate compensation. | County may be liable for attorney's fees under OCGA § 13-6-11 in inverse condemnation. |
| Exclusion of attorney-fee and repair evidence at trial? | Court erred in excluding relevant evidence and expert testimony. | Rulings supported by evidentiary standards and record. | Trial court erred in excluding admissible evidence on repair costs and attorney fees. |
| Scope of damages under inverse condemnation standard? | Damages encompass diminution in value and consequential damages to remainder. | Damages limited by inverse condemnation framework and evidence presented. | Damages may include diminution in value and consequential damages where supported. |
Key Cases Cited
- Georgia Dept. of Natural Resources v. Center for a Sustainable Coast, Inc., 294 Ga. 593 (2014) (inverse condemnation requires just compensation; sovereign immunity not applicable)
- Orwig II, 261 Ga. 137 (1991) (nuisance takings and damages in inverse condemnation; limits on immunity)
- Dept. of Transp. v. Edwards, 267 Ga. 733 (1997) (damages in inverse condemnation measured like condemnation; cost to cure relevant)
- Ogburn Hardware & Supply, Inc., 273 Ga. App. 124 (2005) (cost to cure may be a factor in FMV of remainder; not a separate element)
- DeKalb County v. Heath, 331 Ga. App. 179 (2015) (allowing cost of repairs evidence in inverse condemnation)
- Forsyth County v. Martin, 279 Ga. 215 (2005) (OCGA § 13-6-11 attorney fees in inverse condemnation permitted)
- Edwards, 267 Ga. 733 (1997) (reiterates damages framework in inverse condemnation cases)
- DeKalb County v. Daniels, 174 Ga. App. 319 (1985) (illustrates attorney-fee awards in inverse condemnation)