West v. CSX Transportation, Inc.

Pope, Presiding Judge.

In this suit alleging continuing nuisance and trespass, Duane West claims his property flooded repeatedly because defendants CSX Transportation and the Polk County Chapter of Georgia Rails Into Trails (“GRITS”) failed to maintain drainage control on a railroad right of way that ran through West’s property. CSX abandoned the line in 1988 and pulled up the rails in 1991. West’s suit claims that when CSX abandoned the right of way, the drainage ditches clogged with sediment and plant growth. Removing the rails, West argues, also channeled water off the right of way and onto…