Waldrip presented evidence that the city of Gainesville collects storm water in a catch basin on Rainey Street, which is uphill and north of Waldrip’s property in the drainage basin. That material was washed 2 downhill to Waldrip’s property by concentrated storm water that was discharged from a storm water discharge pipe on the uphill property. After consulting various people, Waldrip concluded that the flooding resulted from trash, debris, and other material clogging his surface water drainage system. On March 15, 2008, April 10, 2009, September 21, 2009, October 1, 2012, and July 22, 2013, the property flooded, water entered the building, and the premises were damaged. Waldrip constructed a shopping center on the property. The property is located within a 12-acre drainage basin, and storm water that falls into the drainage basin flows downhill to Waldrip’s property. So viewed, the record shows that Waldrip and another individual own Washington Corner, LLC, which, in turn, owns a parcel of property in the city of Gainesville.

We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant.” Atkinson v. “Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We therefore reverse the judgment of the trial court. We agree with the city that it is entitled to summary judgment on its claims and that the trial court should have denied Waldrip’s request for bad faith attorney fees. The city appeals, arguing that the trial court should have granted summary judgment on all of the claims against it.

The trial court otherwise denied the city’s summary judgment motion. The trial court granted the motion in part, awarding summary judgment to the city on Waldrip’s claims for damages from flooding that occurred in 2008 and for the diminution in the fair market value of the property.

The action asserted claims for nuisance, trespass, and the taking of the property through per se and inverse condemnation. Jack Waldrip and his company, Washington Corner, LLC, (together, “Waldrip”) filed this action against the city of Gainesville for damages resulting from the flooding of Waldrip’s property. MaIn the Court of Appeals of Georgia A17A1946. NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed.

Waldrip properties