Legal Opinion

Futch v. Lowndes County

Court of Appeals of Georgia

Decided April 3, 2009No. A09A0014, A09A0201PublishedCited by 19 opinions

1Opinion of the Court

Phipps, Judge.

Ben Futch bought a tract of land in an industrial park from the Valdosta-Lowndes County Industrial Authority. Futch claims that after he constructed a manufacturing facility on the land, a Lowndes County drainage ditch abutting the property began to cause recurrent flooding of the property following heavy rains. As a result, Futch brought this suit against Lowndes County and the Industrial Authority on theories including fraud, negligent misrepresentation, and nuisance.

The Industrial Authority filed a motion for summary judgment. Lowndes County moved alternatively for summary…

2Cases cited9 opinions

  1. Hardaway Co. v. Parsons, Brinckerhoff, Quade & Douglas, Inc.Supreme Court of Georgia · 1997
  2. J. Kinson Cook of Georgia, Inc. v. Heery/MitchellCourt of Appeals of Georgia · 2007
  3. City of Columbus v. BarngroverCourt of Appeals of Georgia · 2001
  4. City of Atlanta v. Hofrichter/StiakakisCourt of Appeals of Georgia · 2008
  5. Fielder v. RICE CONST. CO., INC.Court of Appeals of Georgia · 1999

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3Cited by19 opinions

  1. In re Rust-Oleum Restore Marketing, Sales Practices & Products Liability LitigationDistrict Court, N.D. Illinois · 2016
  2. Stephen D. Atwater v. The National Football LeagueCourt of Appeals for the Eleventh Circuit · 2010
  3. Home Depot U. S. A., Inc. v. Wabash National Corp.Court of Appeals of Georgia · 2012
  4. John Rymer v. Polo Golf and Country Club Homeowners Association, Inc.Court of Appeals of Georgia · 2015
  5. VILLA SONOMA AT PERIMETER SUMMIT CONDOMINIUM ASSOCIATION, INC. v. COMMERCIAL INDUSTRIAL BUILDING OWNERS ALLIANCE, INC. Et Al.Court of Appeals of Georgia · 2019

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