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Green v. Eastland Homes Inc.

The plaintiff had a cause of action against the alleged creators of a continuing water-runoff nuisance regardless of the fact that the defendants no longer owned the developed property.

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In this action for nuisance and trespass against three defendants arising out of excessive water runoff onto Karen Green’s land, plaintiff Green in Case No. A07A0882 appeals that portion of the trial court’s order granting summary judgment to defendant Dozier Development Company, arguing that some evidence showed that Dozier had caused the increased runoff. We agree and reverse that portion of the judgment. In Case No. A07A0883, defendant Eastland Homes appeals that portion of the trial court’s order denying complete summary judgment to Eastland, arguing that no competent evidence showed that Eastland had contributed to the runoff. We disagree and affirm that portion of the judgment. As to the remaining unchallenged portions of the judgment, we affirm. Summary judgment is only proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. “A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Matjoulis v. Integon Gen. Ins. Corp .1

So construed, the evidence shows that Green purchased a home in 1995, where she has lived through the present time. Her backyard ended in a steep 30-foot wooded slope, most of which belonged to her, which ascended to the undeveloped property behind her. The undeveloped property was eventually sold to Dozier in 1998. Dozier prepared the property for a residential subdivision in late 1998 by clear-cutting the trees and vegetation and creating an infrastructure through grading, providing for drainage, and installing roads, curbs, and sewer lines. Dozier’s responsibilities included erosion control at the site.

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