MCFADDEN, P. J., MCMILLIAN and SELF, JJ.
McFadden, Presiding Judge.
Young contends that, by repeatedly driving a garbage truck on
a driveway to an apartment complex she had owned, the city of
East Point damaged it. Both Young and the city moved for
summary judgment. The trial court denied Young's motion
and partially granted the city's. Young appealed, and the
city cross appealed.
agree with the trial court that the city is entitled to
summary judgment on Young's negligence, negligence per
se, and trespass claims. And the trial court correctly denied
Young's motion for summary judgment on her nuisance
not reach the city's cross appeal. The city argues that,
because Young failed to produce evidence of damages, it is
also entitled to summary judgement on her nuisance claims and
her inverse condemnation claim. But the trial court did not
address that argument.
therefore affirm the judgment of the trial court in both the
main appeal and cross appeal.
judgment is proper when there is no genuine issue of material
fact and the movant is entitled to judgment as a matter of
law. OCGA § 9-11-56 (c). This [c]ourt applies a de novo
standard of review to an appeal from a grant of summary
judgment and we view the evidence in the light most favorable
to the nonmovant." Davis v. Overall, 301
Ga.App. 4 (686 S.E.2d 839) (2009) (citation omitted).
viewed, the record shows that Young owned a 20-unit rental
property in the city of East Point from February 2007 until
July 2012, when she lost it in foreclosure. She alleged that
the city of East Point repeatedly drove a garbage truck on
one of the property's three driveways, causing the
condition of the driveway to deteriorate until it became
unusable. She alleged that she notified the city of the
problem, but city employees continued to drive the garbage
truck on the driveway. She alleged that the condition of the
driveway caused tenants to fail to renew their leases and
potential tenants to decide not to lease apartments in her
property. She alleged that the resulting decline in her
rental income caused her to lose the property in foreclosure.
filed this action, asserting claims of negligence, negligence
per se, trespass, nuisance, and inverse condemnation. The
parties moved for summary judgment. The trial court granted
the city summary judgment on Young's claims of
negligence, negligence per se, and trespass, ruling that the
city was entitled to sovereign immunity. It denied both
parties' motions for summary judgment on the nuisance
claim, finding that whether the city maintained a nuisance,
whether its actions caused an injury, and whether Young gave
notice were triable issues of fact. The trial court denied
the city's motion for summary judgment on Young's
inverse condemnation claim, finding that it, too, depended on
triable issues of fact. Young appealed and the city
The grant of summary judgment to the city on Young's
negligence, negligence per se, and trespass
argues that the trial court erred in granting summary
judgment to the city on her claims for negligence, negligence
per se, and trespass. She argues that, contrary to the trial
court's ruling, the city operated its sanitation service
as a proprietary venture, excepting it from sovereign
immunity. The trial court did not err.
a municipality is immune from liability for its performance
of governmental functions, which are defined as "those
of a purely public nature, intended for the benefit of the
public at large, without pretense of private gain to the
municipality." City of Atlanta v. Mitcham, 296
Ga. 576, 577-578 (1), (2) (769 S.E.2d 320) (2015). In
comparison, a municipality may be liable for the negligent
performance of its ministerial functions, which are defined
as "those involving the exercise of some private
franchise, or some franchise conferred upon [the
municipality] by law which it may exercise for the private
profit or convenience of the [municipality] or for the
convenience of its citizens alone, in which the general
public has no interest." Id. at 578 (1), (2)
(footnote, citation, and punctuation omitted).
municipality's collection of garbage generally "is a
governmental function, for the performance of which [it] is
granted immunity from liability for the negligent acts of its
officers and employees." City of Atlanta v.
Chambers, 205 Ga.App. 834, 835 (2) (424 S.E.2d 19)
(1992) (citation and ...