This case involves an on-going legal battle over rights to a well and small water system serving only 14 users at a development located on about one acre of land. Shortly after the trial court determined that Donald Nelson owned the system and that the other users were required to pay their share of the reasonable cost of operating the system, one user, Olin Netherland, drilled his own well. In response, Nelson sought declaratory and injunctive relief and damages. After an evidentiary hearing, the trial court held that Netherland’s actions violated the county zoning ordinance and the perpetual covenants of the community. Netherland appeals. The appellate standard of review for nonjury trials of disputed material facts is the clearly erroneous test, also known as the “any evidence” rule. As such, the sole question for determination on appeal is whether there is any evidence to authorize the trial court’s judgment. It is our duty to construe the evidence to uphold the judgment rather than upsetting it. This is true regardless of whether evidence also existed that may have supported appellants’ position. In the absence of legal error, an appellate court is without jurisdiction to interfere with a judgment supported by some evidence. Citations, punctuation and emphasis omitted. Progressive Preferred Ins. Co. v. Aguilera, 243 Ga. App. 442, 445-446 2 533 SE2d 448 2000. See also Banks County v. Cornett Bridge, Inc., 247 Ga. App. 449, 450 544 SE2d 457 2000. Construing the evidence to uphold the judgment shows that Pine Harbor Subdivision in McIntosh County is a small development that used to be a fishing camp. A well on the property serves all 13 residences and the marina. In an earlier part of the litigation, based on certain easements and covenants, the trial court held that Donald Nelson was the sole and exclusive owner of the water system, that he was authorized to assess a reasonable cost for providing the water service, and that each owner was obligated to pay the assessment. The issue of damages and the litigation itself remained pending.
Shortly thereafter, on October 19, 2001, Olin C. Netherland, who owned one of the residences, applied for a permit to drill a well on his property, which was only 8,500 square feet in size. With certain exceptions not at issue here, the applicable county zoning ordinance prohibited owners of lots measuring less than 20,000 square feet from having wells on their property.
