362 Ga. App. 137
Ga. Ct. App.2021Background:
- Plaintiff Thomas Kempton owns a 10‑acre parcel with a house ~1,000 feet from Southern Flavor’s commercial greenhouse and alleges nighttime light from the greenhouse disturbs his sleep and quality of life.
- Southern Flavor located the greenhouse on rural land zoned for agricultural use after recruitment by the county and obtained all required permits and licenses.
- The greenhouse uses automated lights October–March; lights are mounted near the glass roof and directed downward, but substantial light reflects upward through the roof; defendant says no feasible way to limit emissions without impairing operations.
- Kempton asserts the emitted light constitutes a private nuisance under OCGA § 41‑1‑1 because it causes hurt, inconvenience, and diminished enjoyment of property.
- The trial court granted summary judgment for Southern Flavor; on appeal the Court of Appeals reviewed summary judgment de novo and affirmed because the greenhouse was authorized and lawfully operated.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether light from a lawfully permitted greenhouse located in agriculturally zoned land can be a private nuisance | Kempton: Lawful acts can still be nuisances; location and intrusive light make use injurious and offensive | Southern Flavor: Greenhouse was authorized, properly zoned, and lawfully operated; nuisance arises only from illegal or inconsistent operations | Court: Affirmed summary judgment—lawful operation in properly zoned location not a nuisance absent illegal or inconsistent conduct |
Key Cases Cited
- Klingensmith v. Long County, 352 Ga. App. 21 (Ga. App. 2019) (summary judgment standard and review described)
- Effingham County Bd. of Commrs. v. Shuler Bros., 265 Ga. App. 754 (Ga. App. 2004) (lawful business in properly zoned area not a nuisance)
- McBrayer v. Governors Ridge Office Park Assn., 359 Ga. App. 741 (Ga. App. 2021) (distinguishing nuisance claims when use is consistent with area zoning)
- Asphalt Products Co. v. Marable, 65 Ga. App. 877 (Ga. App. 1941) (location-based nuisance principle: lawful act may be nuisance if injurious where placed)
- Poultryland, Inc. v. Anderson, 200 Ga. 549 (Ga. 1946) (commercial operations inconsistent with residential area can be nuisance)