Supreme Court of Georgia

Gatto v. City of Statesboro

June 21, 2021312 Ga. 164

Summary

The court affirmed summary judgment for the City on the Gattos' municipal nuisance claim. It held that municipal nuisance liability requires the municipality to exercise dominion or control over the property involved, and the City had no ownership or control over the privately owned bar or plaza. The court also held that constitutional municipal immunity limits cannot be expanded by judicial decision.