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Trespass Storm Water

Smith Anderson

N.C. Court Confirms Stormwater Runoff Across Property Lines Can Amount to Trespass

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The North Carolina Court of Appeals recently decided H/S New Bern, LLC v. First Berkshire Properties, LLC, which establishes important precedent regarding stormwater management obligations and trespass liability in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Flow/Adjacent Properties: Complaint Filed in Lonoke, Arkansas Circuit Court Seeking Injunctive Relief/Damages

Cedar Lake Estates, LLC, Robert Dunn, John Belden, and Jeff Evans (collectively, “Plaintiffs”) filed a November 8th Complaint against Leruss Holdings, LCC (“LH”) alleging damages. See Case No. 43CV-24-1070....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Surveyor/Stormwater Drainage/Adjacent Landowner: Indiana Appellate Court Addresses Trespass Claims

An Indiana appellate court addressed in a January 31st decision issues arising in a landowner’s civil and criminal trespass actions against a neighboring landowner. See Clark v. Thessalonica, Inc., 2023 WL 1156978. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stormwater Flow/Adjacent Properties: Complaint for Injunctive/Emergency Relief Filed in Garland County, Arkansas, Circuit Court

A Complaint in Equity for Injunctive Relief and for Emergency Relief (“Complaint”) was filed on January 26th in the Circuit Court of Garland County, Arkansas, (Civil Division) addressing stormwater flow between two adjacent...more

Arnall Golden Gregory LLP

Georgia Court Confirms Measurement of Damages from Construction Stormwater Runoff onto Adjacent Property

The Georgia Court of Appeals recently upheld the assessment of damages against a property owner for the damage caused to a neighboring pond by erosion and sedimentation resulting from grading and construction inRidley v....more

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