Discuss noise control ordinances for the course to violate


Assignment Task:

Summarize the following case: Jenkins v. Clayton, 273 Ga. 439, 542 S.E.2d 503 (2001).

Overview: Plaintiff, who lived 2,100 feet from defendants' sporting clay course, brought suit alleging that the course constituted a nuisance due to the noise it generated, and sought damages and injunctive relief. The jury determined that the sporting clay course constituted a nuisance, but that plaintiff suffered no damages. The trial court entered an order barring operation of any sport shooting, skeet or other target shooting range at the facility at any time on Sunday. Defendants appealed. The appellate court held that under Ga. Code Ann. § 41-1-9, defendants' sporting clay course could not be deemed a sound generating nuisance unless it failed to comply with local noise control ordinances. As there were no ordinances pertaining to noise control in general, or sport shooting ranges in particular, in the county where the course was located, defendants' course could not be enjoined as a noise generating nuisance.

Outcome: The court reversed the judgment of the trial court, finding that the course could not be deemed a sound generating nuisance under the applicable statute, because there were no local noise control ordinances for the course to violate.

 

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