concurring in part and dissenting in part.
The issue in this appeal is whether the Douglas County Board of Health is entitled to summary judgment on appellants’ claim that it created a nuisance. Because the majority’s holding, which concludes that the Board of Health cannot be held responsible for creating or maintaining a nuisance, is unsupported by the circumstances of this case and is contrary to this Court’s holding in DeKalb County v. Orwig, 261 Ga. 137 (402 SE2d 513) (1991), I respectfully dissent.
The majority holds that the trial court did not err by granting summary judgment to the Board of Health under evidence which showed that the Board of Health issued a building permit for the lot with knowledge that the soil conditions were unsuitable for and incapable of supporting the ongoing operation of a permanent septic system. At the time the Morrises purchased the property, the permitted two-year septic system had been in operation for six years and had already failed. Notwithstanding that the Board of Health had the information solely within its purview, namely, that the septic system was originally approved for a two-year period and originally installed as a temporary measure, the report issued by a Board of Health “specialist” failed to note the inherent inadequacies with the system. Without the on-going camouflage of the septic seepage promulgated by the previous owners, the septic system unsurprisingly failed within weeks of the Morrises’ purchase. Ultimately, the home had to be abandoned because it was impossible to make the septic system function properly.
A nuisance has been repeatedly defined as “ ‘anything that works hurt, inconvenience, or damage to another . . . .’ ” State of Ga. v. Ball Investment Co., 191 Ga. 382, 389 (2) (12 SE2d 574) (1940), or the performance or creation of a continuous or regularly repetitious act or condition which causes hurt, inconvenience, or injury. Orwig, supra at 139 (2); OCGA § 41-1-1. A nuisance exists when there is “the maintenance of a dangerous condition on a continuous or regular basis over a period of time in which no action or inadequate action is taken to correct the condition after knowledge thereof.” (Emphasis omitted.) City of Bowman v. Gunnells, 243 Ga. 809, 810 (1) (256 SE2d 782) (1979). Orwig recognizes that a county can be liable for a nuisance which rises to the level of a taking of property even where the occurrences which constitute the nuisance are limited in number. Hence, as long as it can be established that the county had some hand in creating the nuisance, the appellate courts have allowed evidence of the nuisance to go to the jury for their consideration of *902whether the nuisance rose to a level of taking consistent with inverse condemnation.
Decided March 25, 2002. Leon A. Van Gelderen, Roy A. Banerjee, for appellants. Drew, Eckl & Farnham, Burke A. Noble, John R Reale, Robert L. Welch, Hartley, Rowe & Fowler, Joseph H. Fowler, Freeman, Mathis & Gary, T. Bart Gary, Stuart W. Gray, for appellees.In light of Orwig, which stresses that even limited instances of negligence can create a continuing nuisance, I would hold that the evidence introduced was sufficient to create a question for the jury. Contrary to the majority’s position, summary judgment was not demanded on the basis that the Board of Health “took two actions, six years apart, with respect to the Morrises’ property.” One clear function of the Board of Health’s permitting process is to insure that waste discharged from individual septic systems does not contaminate water, property or create a health hazard. Thus, while I recognize that each case of claimed nuisance depends upon many factors, I am of the firm opinion that a question exists under the circumstances of this case whether the Board of Health should be held liable for inversely condemning the Morrises’ property where there is evidence that the Board of Health issued the building permit to install the septic system, that it failed to notify the Morrises that the septic system it was asked to inspect was of a temporary nature and operating past the time allowed, and it took no effort to connect the home to the sewer system constructed only 1,000 feet from the home upon learning that the septic system had failed. See Fielder v. Rice Constr. Co., 239 Ga. App. 362 (1) (522 SE2d 13) (1999) (health department’s approval of the lot for septic tank use, setting aside requirements of its own office which allowed substandard septic tank conditions to be approved, and failure to take the appropriate steps necessary to abate the nuisance raise a jury question whether such acts and omissions constituted maintaining a nuisance by the health department).
Accordingly, I respectfully dissent to the majority’s affirmance of the trial court’s order granting summary judgment to the Board of Health but concur with the majority’s affirmance of the trial court’s order granting summary judgment to the Authority and its executive director.
I am authorized to state that Justice Thompson joins in this dissent.