City of MacOn v. MACRIVE CONSTRUCTION, INC.

Miller, Judge.

Homeowners Gaughfs and Rubins sued Macrive Construction, Inc., Rivers Construction Company, and related parties for nuisance created by an inadequate pipe in a drainage ditch located on the homeowners’ property which caused flooding during heavy rains. The City of Macon reconstructed the drainage ditch and jointly sued to recover the cost of repair. At the close of evidence at trial, the appel-lees successfully moved for a directed verdict on the grounds that nuisance is not the proper cause of action and that even if it were a nuisance, the statute of limitation had run. The…