363 S.E.2d 543
44791.Supreme Court of Georgia.
DECIDED JANUARY 13, 1988.
WELTNER, Justice.
The only issue in this case is whether Leverich’s contention (that Roddenberry Farms damaged his property by diverting water onto his land) alleges a continuing nuisance, and hence is governed by the four-year statute, as contained in OCGA § 9-3-30.
In Cox v. Cambridge Square Towne Houses, 239 Ga. 127
(236 S.E.2d 73) (1977), we held that similar damages (continuing indefinitely, as is alleged in this case) constituted a continuing nuisance. Cox, supra, is applicable to this case, and Leverich’s claim, being one for a continuing nuisance, is governed by the four-year statute.
Judgment reversed. All the Justices concur.
DECIDED JANUARY 13, 1988.
Equity. Seminole Superior Court. Before Judge Sheffield.
Ronnie Joe Lane, for appellants.
Robert B. Langstaff, for appellee.