Robichaux v. AFBIC Development Co.

Robert P. Robichaux and Barry R. Robichaux, lower landowners, sued AFBIC Development Company ("AFBIC"), an upper landowner, alleging a wrongful alteration of the flow of natural surface water onto their property, which they alleged caused injury to their property. They sought damages under the theories of trespass and nuisance. AFBIC filed a motion for summary judgment, which the trial court granted. The Robichauxs appealed. We affirm.

We recognize the common law right of a lower landowner not to be injured by an upper landowner's interference with the natural drainage of surface water onto…