Cox v. Cambridge Square Towne Houses, Inc.

Jordan, Justice.

In February 1967, a storm drain system was installed in an apartment complex presently owned by the appellee. In June 1971, the appellant filed this suit alleging that the storm drain system greatly increased the flow of surface waters across his land and constituted a trespass for which he sought actual and punitive damages and a permanent injunction. Appellees moved to dismiss the action on the ground that appellant’s claims were barred by the four year statute of limitation applicable to damage to realty (Code Ann. § 3-1001). Appellant made a cross motion for summary…