Legal Opinion
Clack v. Henry County
Supreme Court of Georgia
Decided November 1, 1991No. S91A0574PublishedCited by 4 opinions
1Opinion of the Court
Benham, Justice.
Clack built a dam on his property abutting an unpaved road in Henry County. It is undisputed that the road has never been formally dedicated to the county, but that the county acquired a right-of-way by prescription. In the process of building the dam, Clack raised the elevation of the roadway some three feet. Because the change in elevation changed the drainage pattern, he installed a drainage system beneath the road to carry water into a ditch on the side of the road opposite his dam. Although the county warned Clack before he began construction that it claimed a…
2Cases cited3 opinions
- R. G. Foster & Co. v. FountainSupreme Court of Georgia · 1960
- Seaboard Air-Line Railway Co. v. GreenfieldSupreme Court of Georgia · 1925
- Buchanan v. JamesSupreme Court of Georgia · 1908
3Cited by4 opinions
- Rolison v. Georgia Central Railway, L.P.Supreme Court of Georgia · 2001
- Bell South Telecommunications, Inc. v. WidnerCourt of Appeals of Georgia · 1997
- Bell South Telecommunications, Inc. v. WidnerCourt of Appeals of Georgia · 1997
- COLUMBIA COUNTY v. WILLIAM W. SATCHERCourt of Appeals of Georgia · 2023