DeKalb County v. Heath

Phipps, Chief Judge.

In 2011, William Heath, Jr., filed this inverse condemnation action1 against DeKalb County, alleging that the county was maintaining a continuing nuisance2 by failing to make needed repairs to its storm water drainage system, which failure had caused flooding and erosion of his property. More specifically, Heath’s allegations in this action included claims that the county had constructed a block retaining wall along a creek bed on his property, that the county was *180responsible for maintaining the wall, that the wall was “failing and continues to deteriorate during each rain…