Maddox v. Southern Engineering Co.

Pope, Chief Judge.

Plaintiff H. Gilbert Maddox, Jr., M. D., appeals the trial court’s dismissal of his two-count complaint against defendants Southern Engineering Company, Carroll County Water Authority (“the Authority”), and Still Waters Plantation, Ltd. (“SWP”) for failure to state a claim. We affirm the trial court’s dismissal of plaintiff’s fraud claim, but reverse the dismissal of his state RICO claim.

Viewing the complaint in a light favorable to plaintiff, it appears that Carroll County hopes to build a new dam and reservoir. Plaintiff owns property near Whooping Creek, one potential…