McGlashan v. Spade Rockledge Terrace Condo Development Corp.

The Court of Appeals determined that the trial court had committed reversible error in both its charge to the jury and in its refusal to allow appellees to cross-examine appellant’s engineer regarding compliance with a local land planning ordinance.

The disputed jury instructions concern an upper landowner’s rights and obligations with respect to the flow of diffused surface water. In resolving this controversy, it is appropriate that we first review the development of the law regarding surface water rights.

Historically, American courts have adopted two diametrically opposed doctrines to…