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DeKalb County v. Heath

Res judicata did not bar the plaintiff's inverse condemnation action against DeKalb County arising from the ongoing and increasing damage resulting from the County's failure to maintain its storm water drainage system.

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In 2011, William Heath, Jr. filed this inverse condemnation action1 against DeKalb County, alleging that the county was maintaining a continuing nuisance2 by failing to make needed repairs to its storm water drainage system, which failure had caused flooding and erosion of his property. More specifically, Heath’s allegations in this action included claims that the county had constructed a block retaining wall along a creek bed on his property, that the county was responsible for maintaining the wall, that the wall was “failing and continues to deteriorate during each rain event,” and that the county’s failure to maintain the wall was resulting in continuing damage to his property. After a bench trial, the court found in favor of Heath, awarding him $28,830 in damages, which amount represented the cost of repairing the failing retaining wall.

The county appeals, contending that the trial court erred by: 1 holding that the lawsuit was not barred by the doctrine of res judicata, when Heath could have put the issue of the failed retaining wall in a previous lawsuit he had filed against the county; and 2 allowing a double recovery. Finding no error, we affirm.

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