Gary Lee Rymer and Deborah Ann Rymer v. Douglas County

Appellants’ claim, brought pursuant to 42 U.S.C. § 1983, arises out of the appel-lees’ issuance of a building permit, which allowed plaintiffs to acquire and build a residence on certain property in Douglas County, Georgia. Appellants maintain that the appellees either knew or should have known that the land was unsuitable for residential use because of a high water table that precluded the use of a septic tank waste disposal system. The district court dismissed plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6) holding that the plaintiffs could prove no set of facts in support of their…