Biggs v. Brannon Square Associates

Carley, Judge.

Appellee-defendant is the owner of property on which a shopping center is located. There is also a shopping center on the property which adjoins appellee’s. This adjacent property is owned by Roswell Associates, which is a defendant below but not a party to the instant appeal. Appellee’s property has a higher elevation than that which belongs to Roswell Associates, with the line between the two properties running along the length of a 54-foot embankment. Appellee owns the upper 37 feet of the embankment and Roswell Associates owns the lower 17 feet. At the top and bottom of the…