Dillard v. Bishop Eddie Long Ministries Inc.

Bishop Eddie Long Ministries, Inc. and Richard and Susan Adle collectively, “homeowners” own residential property on Hunt Valley Lake, which is formed by a dam. The property on which the dam sits is owned by Hunt Valley, Inc., a corporation whose shareholders include G. Douglas Dillard, John Cowart, and Robert Rutland collectively, “Hunt Valley”. In February 2001, Hunt Valley began demolishing the dam, which caused the lake to partially drain. The homeowners, who claim an easement in the dam, filed a complaint seeking injunctive relief and damages. Pending final resolution of the homeowners’ claims, the trial court granted an interlocutory injunction, ordering Hunt Valley to refrain from further demolishing or destructing the dam. In five enumerations of error, Hunt Valley appeals this order.1 For reasons that follow, we affirm.

The record demonstrates that, in the 1950s, Robert Rutland’s grandfather built the dam on his property, which created a lake.2 At some point, Hunt Valley acquired the dam and property surrounding the lake, which was then turned into a small subdivision including four lakefront residential lots.