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Bill Hayman Et Al.v.Paulding County, Georgia

CourtCourt of Appeals of Georgia
Docket No.A18A1983
DecidedMarch 4, 2019
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceProperty LawCivil ProcedureSummary JudgmentReversalRemand
Case Summary

Bill and Wendy Hayman and Elana Mor sued Paulding County for inverse condemnation after storm water repeatedly entered their home and damaged their property. They alleged that debris and sediment in county culverts and a drainage ditch caused or worsened the flooding. The trial court granted the County summary judgment, characterizing a major flood as a one-time act of God and finding no continuing nuisance. The Court of Appeals reversed. The record showed repeated water intrusion, complaints to the County, evidence that the drainage system had not been adequately maintained, and factual disputes about whether the flooding was a recurring condition attributable to the County. Those disputes precluded judgment as a matter of law. Because the inverse-condemnation claim remained for resolution, the related attorney-fee claim also could not be dismissed at summary judgment. The case returned for further proceedings.

Opinion

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