Kay-Noojin Development Co. v. Kinzer

*52SIMPSON, Justice.

This is an appeal by Kay-Noojin Development Company from a final decree in a suit in equity against it by Marvin D. Kinzer. The original bill sought to enjoin the maintenance of a nuisance consisting of the collection of surface water by respondent upon its land as an upper proprietor in the City of Huntsville and casting it in unnatural volume upon the property of complainant, a lower proprietor. It also sought the recovery of damages.

Complainant’s property consists of his dwelling and lot, the defendant’s property being a residential development known as English Terrace.…