McMILLEN DEVELOPMENT CORPORATION v. Bull

Grice, Justice.

This appeal involves a controversy over surface water and is between parties who were adjoining property owners.

Litigation began when Frank J. Bull filed suit in the Superior Court of Fulton County against McMillen Development Corporation. In addition to damages and attorney’s fees he sought temporary and permanent injunction to prohibit the defendant from allowing mud, silt and debris to accumulate and remain in a stream located on and flowing through plaintiff’s property, and also from continuing to clog and stop the natural flow of water through the underground drainage…