Gibson v. Morris

In this action for trespass and nuisance, plaintiffs alleged that, when defendants, owners of neighboring upslope property, replaced their septic system, they caused water to intrude onto plaintiffs’ property in a greater quantity, and at a different location, than water had historically drained. Specifically, plaintiffs claimed that defendants’ “groundwater interceptor”—a long, narrow, and deep trench that collected water and sent it through a pipe that exited down-slope from the septic system—collected surface and groundwater on defendants’ property and diverted it directly onto plaintiffs’…