Butts v. City of South Fulton

T. MACK BLACKBURN,

Special Judge.

This case involves the construction of a road by a municipality which interferes with the natural surface drainage causing water to back up to the injury of property on the higher level.

The plaintiffs own and operate a feed mill and grain storage business in South Fulton and have done so since 1946. This business is located east and south of Harris Fork Creek, a stream subjected to overflows in the spring and winter of each year. In 1973 the defendant, City of South Fulton, commenced the construction of a street known as Harris Road Extended running north and…