Community Properties, Inc. v. Neely

MOORE, Justice.

Appellees, Clyde Neely and wife, Annie May Neely, siied appellants, Community Properties, Inc., and Mesa Village Apartment Company, for damages caused by the diversion of surface water by appellants onto a 3.1-acre tract of land owned by the Neelys and occupied by them as their home. Appellees alleged that appellants constructed a large apartment complex on property adjacent to their home and in so doing materially altered the natural flow of surface water causing it to flow across their property which resulted in damage to their yard, sidewalk, and driveway. Pleading in the…