Weems v. Freeman

Hall, Justice.

Plaintiff-landowner sued an adjacent owner of industrial property, a contractor, and certain engineers, for injunctive relief and damages which plaintiff claimed to have sustained when the adjacent property was developed, "increasing the surface water runoff and siltation into the Conley Creek area above plaintiffs property [and causing] said creek to overflow its banks onto plaintiffs property, thus creating a trespass and nuisance.” During the trial, the landowner and contractor defendants reached an oral agreement with the plaintiff, which they termed a covenant not to sue,…