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City of Greensboro, GA v. Rowland

The trial court properly denied the City's motion to dismiss two landowners' claims for inverse condemnation, trespass, intentional tort and nuisance arising out of the City's construction and maintenance of a drainage ditch across their properties, as sovereign immunity was waived by the terms of the Constitution and the plaintiffs substantially complied with the requirement for ante litem notice.

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The City of Greensboro, Georgia the City appeals the trial court’s denial of its motion to dismiss a complaint filed by Tony Rowland and Flenard Rowland the Rowlands, asserting claims for inverse condemnation, trespass, intentional tort, and nuisance,1 arising out of the City’s construction and maintenance of a drainage ditch across their properties.

As factual support for the Rowlands’ claims, the complaint alleges that the Rowlands each own real property on Martin Luther King, Jr. Drive MLK Drive in the City the Property. After receiving a $500,000 Community Development Block Grant CDBG in 2011 for improvements to its water and drainage system, the City amended the CDBG to provide for drainage improvements along MLK Drive the Project. The pre-existing drainage ditch in the area had a history of flooding the property downstream, and the CDBG project increased the water flow and the volume rate onto the affected areas. The City began to install expansion piping in the drainage ditch to remedy this problem, and as part of this Project, the City installed the expansion pipe ditch directly through the Property. The Rowlands informed the City that the manner in which the Project was being undertaken was flooding the Property, causing environmental, sanitation, health safety, and pecuniary damage.

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