Miller v. City of Brentwood

OPINION

(Abridged for Publication)

TODD, Judge.

The plaintiffs are five married couples. Each couple owns a home in Meadowlake Subdivision. A drainage ditch passes by and/or through the properties of plaintiffs which are in the lower portion of Meadow-lake Subdivision.

The gravamen of this suit is that the City of Brentwood, by granting building permits for construction which reduced the absorption of rainfall into the earth, has authorized and permitted an increase in the “runoff” of rainfall which overtaxes the drainage ditch, thereby causing flooding and damage to plaintiffs’ property.

The…