City of Sandy Springs v. Kaplan

Thompson, Justice.

Ronnie and Richard Kaplan filed suit against Fulton County, the City of Sandy Springs and the Fulton County School District (“FCSD”), seeking, inter alia, damages for nuisance and trespass stemming from the flow of water across their land, as well as mandamus to order defendants to repair a 36-inch drainage pipe under their driveway. The case focuses on the question of whether the city impliedly accepted an easement for the drainage pipe on the Kaplans’ property.

The pipe was installed at the time of construction of the Kaplans’ subdivision. It is part of a storm drainage…