Mitchell v. City of Atlanta

Head, Presiding Justice.

1. Anita B. Mitchell, individually and in two representative capacities, and Mary Louise Stevens assign error upon the sustaining by the trial judge of general demurrers to their petition against the City of Atlanta seeking damages and other relief because of the diversion of sewage into Entrenchment Creek, increasing the natural flow of the creek, and causing the periodic flooding of the plaintiffs’ land.

The petition, as originally filed, seeks to allege a cause of action for a taking of private property based upon our Constitution, Art. I, Sec. Ill, Par. I (Code Ann.…