Abdin v. CCC-Boone, LLC

INMAN, Judge.

This case involves a civil action for flooding on real property which was subject to rainfall events, a designated wetlands area, water flow patterns through open channels and corrugated metal pipes, sedimentation deposits, and runoff from various sources, and which had been previously flooded before construction activity on an adjacent property began. Given these complex circumstances, we hold that the property owner suing the owner of the adjacent property could not raise a genuine issue of material fact regarding proximate causation of the flooding without expert testimony.

Bass…