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Morris v. Douglas County Bd. of Health

Because the County Water and Sewer Authority did not agree to assume the duties set forth in the county code to inspect, maintain and repair on-site septic tanks, the county could not unilaterally impose those obligations on the Authority.

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Plaintiffs John and Deanna Morris and LaSalle Home Mortgage Corporation sued defendants Douglas County Board of Health the “Board of Health”, Douglasville-Douglas County Water and Sewer Authority the “Authority”, and Peter Frost, the Authority’s executive director, alleging that the defendants had failed to maintain and repair the Morrises’ septic system. Because we find that the Board of Health did not create or maintain a nuisance and the Authority and Frost breached no duty owed to the plaintiffs, we affirm the trial court’s grant of summary judgment in favor of the defendants.

In 1995, John and Deanna Morris purchased the house on lot 10 of Lithia Place subdivision in Douglas County. Although the previous owners had never reported any trouble with the septic system, the Morrises began to experience seepage from the septic system shortly after they moved into the house. These problems led the Board of Health to notify the Morrises that they were in violation of Douglas County ordinances regarding the discharge of raw sewage onto the ground. The Morrises moved out of their house and, together with their mortgage company, sued the defendants, seeking damages and a writ of mandamus requiring the Authority to connect the Morrises to the central sewer.

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