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City of Roswell v. Bolton

The plaintiff apparently received an impermissible double recovery, since the jury awarded him $30,000 for diminution in value to his property and awarded him an additional $89,100 for the costs of repairing the actual damage to his property from flooding caused by increased surface and storm water runoff.

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John Bolton filed a nuisance and inverse condemnation action against the City of Roswell and Jere Wood, in his official capacity as Mayor of the City, for property damage caused by increased surface and storm water runoff. A jury awarded Bolton $259,100, itemized to include damages for diminution in property value, costs of repair, loss of peace of mind, and attorney fees.1 The trial court also ordered injunctive relief. In Case No. A04A1395, the City claims the trial court erred in i denying its motion for a directed verdict, ii admitting a copy of a City ordinance relating to inspection of storm water management control facilities, iii admitting evidence of damages arising prior to six months before Bolton’s ante litem notice to the City, iv failing to give two requested charges to the jury, and v allowing a double recovery. For the reasons set forth below, we find no merit in the City’s claims other than its contention that the damages awarded by the jury constituted an impermissible double recovery for costs to restore and diminution in value for the same injury. Accordingly, we affirm in part and reverse in part and remand the case for a new trial on the issue of damages. In Case No. A04A1396, the City argues that the trial court erred in granting injunctive relief because the City did not maintain a nuisance. We disagree and affirm.

A04A1395

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