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Atlanta Processing Co. v. Brown

Citation: 2 ELR 20114
No. No. 26231, 179 S.E.2d 752/3 ERC 1319/227 Ga. 203, (Ga., 01/07/1971)

In a public nuisance action brought against the operator of an animal byproduct processor whose manufacturing processes permit nauseating odors to permeate an area, a claim that the Georgia statute which defines public nuisance is unconstitutionally vague will not be sustained. It is permissible to permit a witness to testify that she moved from the area to avoid the odors, and it is likewise permissible to permit the jury to walk around the outside of the plant while it was in operation. The evidence supported a verdict for the plaintiff, the distric attorney.

Counsel for Appellant
G. Robert Oliver
Hodges & Oliver
146 McDonough Street
Jonesboro, Georgia

Counsel for Appellee
H. Eugene Brown
District Attorney
Jonesboro, Georgia

All the Justices concur.