McCormick v. Walmart Stores, Inc.

(Filed June 30, 2004)

The facts of this case are simple. The Town of Lewisburg issued a permit to build a Walmart SuperCenter. The appellants now allege that, as a result of the construction of the Walmart, stormwater flows onto their property and causes damage. As the circuit court correctly recognized, the appellants have no cognizable cause of action against the Town, although it is certainly not for lack of effort on the appellants’ part. The appellants’ complaint against the Town has been a moving target including claims for wrongful issuance of a permit; failure to maintain storm water…