Johnson v. Phillips

Bell, Judge:

This is a dispute between adjacent landowners over the diversion of surface water caused by the development of a residential subdivision. Donald E. Smith and Mary S. Mercer, 1 tenants in common of a tract of land in the City of Rock Hill known as the Royal Oaks Subdivision, sued Robert B. Phillips, Andrew F. Phillips, and Opal B. Phillips, tenants in common of the tract bordering Royal Oaks on the south. The complaint alleged causes of action for interference with a prescriptive easement, private nuisance, and trespass. It sought both injunctive relief and actual and punitive…