The County appealed the judgment to the Court of Appeals, which affirmed in part, vacated in part, and reversed in part. See Columbia County v. Satcher, 369 Ga. App. 608, 894 S.E.2d 181 (2023). Relevant to this stage of the proceeding, the County argued that the nuisance of which the Property Owners complained was permanent, not abatable, and so "the statute of limitations and ante litem notice period began to run …. no later than 1996" when the Property Owners "observed stormwater moving riprap and dirt around the pipe."

McFadden, Presiding Judge. In Satcher v. Columbia County, 319 Ga. 633, 905 S.E.2d 583 (2024), decided August 13, 2024), our Supreme Court vacated in part our judgment in Columbia County v. Satcher, 369 Ga. App. 608, 894 S.E.2d 181 (2023). Specifically, the Supreme Court vacated Division 6 of our opinion (in which we had affirmed the entry of an injunction) and directed us "to remand the case to the trial court with instructions to consider the issuance of a new injunction that does not exceed the constitutional waiver of sovereign immunity." Satcher, 319 Ga. at 637 (2), 905 S.E.2d 583.