Tyler v. Lincoln

We granted certiorari to the Court of Appeals to consider its determination to affirm the trial court’s grant of summary judgment to the defendant land developers on the plaintiff landowners’ claims for punitive damages and attorney fees. The litigation was brought for alleged damages to plaintiffs’ land and ponds from excessive stormwater and sediment discharge caused by the development of the adjacent subdivision. Tyler v. Lincoln, 236 Ga. App. 850 513 SE2d 6 1999. Finding that the Court of Appeals erred in affirming summary judgment on the claims for punitive damages and attorney fees, we reverse.

The Court of Appeals found the following: Mr. and Mrs. Tyler acquired 11.8 acres of land in Lowndes County. There was a cypress pond at the rear of the tract, immediately adjacent to a Norfolk Southern railroad track. The Tylers located their residence near the front of the parcel and also built two additional ponds, one of which was used for fishing. The two ponds were connected to the existing cypress pond by a drainage ditch.