Tunison v. Harper

690 S.E.2d 819 (2010)

TUNISON et al.

v.

HARPER.

No. S09A1964.

Supreme Court of Georgia.

March 15, 2010.

Terry R. Barnick, Adel, for appellant.

Cowart & Perry, LLP, Zachary R. Cowart, Valdosta, Daniel L. Studstill, Nashville, for appellee.

HUNSTEIN, Chief Justice.

This is an appeal from the denial of injunctive relief sought by appellants, D.C. Tunison, Mary Tunison and Arlene Tunison, to protect their riparian rights to a 20-acre woods pond[1] situated on their property and that of adjacent property owner, appellee Terry Harper. This petition was filed after appellee, a farmer who uses the pond to…