Plaintiff’s home and defendant’s bar are an adjoined building located in a commercial zoning district. Plaintiff sought injunctive relief alleging the music coming from defendant’s bar was a private nuisance. The trial court issued an order which prohibited amplified sound in excess of 105 decibels on a c-weighted scale. Plaintiff disagreed with the trial court because a local ordinance prohibits the noise at the level the trial court specified. However, because neither party was able to produce copies of the ordinance that restricted noise, the Georgia Supreme Court refused to consider its language.
Plaintiff also asserted that the trial court erred when it failed to apply the state nuisance law to plaintiff’s case. But plaintiff failed to submit transcripts of the evidence and proceedings from the trial court and the Supreme Court could not make a determination about the terms of the injunction. As such, the judgment was affirmed.
Thorsen v. Saber, 288 Ga. 18, 701 S.E.2d 133 (2010)
The opinion can be accessed at: http://www.gasupreme.us/sc-op/pdf/s10a1049.pdf
