Legal Opinion

Pyle v. Gilbert

Supreme Court of Georgia

Decided March 12, 1980No. 35615, 35616, 35617, 35618, 35619PublishedCited by 6 opinions

1Opinion of the Court

Hill, Justice.

This is a water rights case involving a non-navigable water-course. It presents a confrontation between the past and the present. Plaintiffs are the owners of a 140-year-old water-powered gristmill. They emphasize the natural flow theory. Defendants are upper riparians using water to irrigate their farms. They emphasize the reasonable use theory of water rights.

The plaintiffs, Willie and Arlene Gilbert, own property commonly known as Howard’s Mill located on Kirkland’s Creek, a non-navigable stream in Early County which goes into the Chattahoochee River. They acquired a partial…

2Cases cited13 opinions

  1. Goodrich v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1902
  2. Price v. High Shoals Manufacturing Co.Supreme Court of Georgia · 1909
  3. Hendrick v. CookSupreme Court of Georgia · 1848
  4. Oostanaula Mining Co. v. MillerSupreme Court of Georgia · 1916
  5. City of Elberton v. HobbsSupreme Court of Georgia · 1905

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3Cited by6 opinions

  1. Stewart v. BridgesSupreme Court of Georgia · 1982
  2. Tunison v. HarperSupreme Court of Georgia · 2010
  3. Title, Ballot Title, & Submission Clause for 2011-2012 45 v. HamiltonSupreme Court of Colorado · 2012
  4. Title, Ballot Title, & Submission Clause for 2011-2012 45 v. HamiltonSupreme Court of Colorado · 2012
  5. Tunison v. HarperSupreme Court of Georgia · 2010

1 more not listed; retrieve them via the Exa API.

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