Representative Cases

At Andrews, Knowles & Princenthal, we resolve disputes using negotiation, mediation, and litigation. In personal injury cases we work to obtain the maximum possible compensation. In environmental lawsuits, sometimes our client desires a cash settlement, while in others the client wishes to have the problems corrected at the defendant's expense.

Significant cases which the firm has been successful include:

Personal Injury

Environmental Torts

Stormwater Discharge — Nuisance / Trespass / Clean Water Act Violations

$2,186,000 Buy-Out Settlement — February, 2005

A developer purchased a tract of land containing a twenty acre lake for $500,000, planning to build several lake-front homes on the property. Before the developer started work, an upstream developer graded a 200-plus acre site without installing appropriate erosion control measures, resulting in the discharge of large volumes of sediment into the developer's lake. The developer hired Andrews, Knowles & Princenthal to negotiate a buy-out settlement, because the lake would be difficult to fully repair and the likelihood of on-going problems. Within a few months, we were able to negotiate a settlement by which the developer purchased the damaged property for $2,186,000 — substantially higher than the original purchase price. The client has since been able to locate and purchase other lake property.

Stormwater Discharge — Nuisance / Trespass / Clean Water Act Violations

$700,000 Cash Settlement — September, 2004

T. Wilkins, et al. v. Sharon McSwain Homes, Inc., et al., United States District Court, Northern District of Georgia, Civil Action File No. 1:01-CV-0717-CC

Fifteen property owners owned land surrounding a 49 acre residential real estate development. Two developers illegally filled approximately 1,700 linear feet of streams and discharged pollutants into a stream. The property owners hired Andrews, Knowles & Princenthal to sue Sharon McSwain Homes, Colony Homes, and their agents for damaging their properties and the environment. Moreover, they repeatedly failed to properly install and maintain adequate erosion control measures throughout the development site. With a trial date already set, the real estate developer and its agents settled the case for $700,000.

Stormwater Discharge — Nuisance / Trespass

$405,832 Jury Verdict — May, 2004

Walden Enterprises, L.L.L.P. v. Walton Management Inc. and Walton House SRO, L.P.8, Superior Court of Fulton County, Georgia; Civil Action File No. 2003CV767

Our client owned a five-story building in historic Fairlie Poplar section of downtown Atlanta. The defendants owned and operated a nine-story rooming house directly next door to our client's building. The defendants failed to maintain their stormwater drainage system, causing large volumes of water to pool up against exterior wall of our Client's building. Despite numerous requests from Client, the defendants refused to correct the problem. Eventually, the stormwater discharged off of defendants' property onto our Client's building caused damage to the client's foundation, basement, and first-floor, including toxic mold, termite infestation and structural problems.

After a four day trial, a jury awarded the client the precise amount that our experts testified it would cost to repair the client's property. In addition, jury awarded the client all of its attorneys' fees.

Stormwater Discharge — Nuisance / Trespass

$750,000 Cash Settlement plus Complete Remediation of Clients' Lake at Developer's Sole Expense — Ongoing

Lake Lucerne Estates Civic Club, et al v. Lowes Companies, Inc. et al., Superior Court of Fulton County, State of Georgia, Civil Action File No. 00CV22659

Our firm and co-counsel represented 50 individual homeowners and a homeowners association who own Lake Lucerne and lake shore properties. Real estate developers built a Lowe's retail center on property in the watershed directly above Lake Lucerne. As a result of this development, a downstream cove of Lake Lucerne received large deposits of silt and sediment leaving some property owners with dry ground where they once had lake access. After filing suit, our clients accepted a settlement agreement in which the developer:

• Paid a $750,000 cash settlement
• Agreed to bear all costs associated with removing the silt and sediment accumulations from the damaged cove of Lake Lucerne
• Agreed to restore the stream channel leading from the development site and into Lake Lucerne.

As part of the agreement, the real estate developer's remedial efforts were overseen by our clients' environmental expert and subject to his approval. After the real estate developer finished its work, Lake Lucerne continued to receive excess discharges of storm water and silt accumulations into the affected cove. Our clients' environmental expert refused to approve the work performed by the real estate developer. Still, the real estate developer refused to honor the settlement agreement. As a result, our firm and co-counsel filed another lawsuit against the parties to the original settlement agreement (and others) seeking to enforce the settlement agreement and to bring the real estate developer into compliance.

Further information about our environmental law practice can be found at our dedicated environmental law web site http://www.sewaterlawyers.com/index.htm.

For a free initial consultation with Andrews, Knowles & Princenthal call (404) 524-4000, or contact us online.