Representative Cases

At Andrews, Knowles & Princenthal, we resolve disputes using negotiation, mediation, and litigation. 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 and Environmental Torts:

Environmental Torts

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.

Stormwater Discharge - Nuisance/Trespass
$25,000 Jury Verdict - January 2010
Claudette & Hardy Williams vs. Ultima Holdings, LLC, et al. Civil Action File No. 2006-CV-114381

The Williams owned their home in Southwest Fulton County for over thirty years before Defendants began construction of the Barrington Trace Subdivision. Defendants constructed a detention pond on their property and began discharging stormwater into a small ditch in the Williams' backyard. As a result, the Williams' backyard flooded on several occasions. Prior to trial, Defendants refused to accept responsibility and offered only $5000.00 to settle the case. After two days of trial, a Fulton County jury found in favor of the Williams and ordered Defendants to pay $25,000.00.

Stormwater Discharge - Nuisance/Trespass (Dermoushegian)
$857,500 Cash Settlement - October 2009
Superior Court of Henry County, Georgia

Our Clients lived on land in Southwest Fulton County that contained a lake and a stream. Defendants constructed two large residential subdivisions upstream from our Clients' property. During construction, the wall of a large stormwater detention pond collapsed sending a torrent of water downstream that washed our Clients' driveway bridge into the lake along with enormous volumes of silt. Even after the detention pond's failure, construction activities at the subdivision continued to pollute our Clients' stream and lake. Just before trial in Henry County, we caused Defendants to settle the case.

Stormwater Discharge - Nuisance/Trespass/Clean Water Act Violations
Lake Restoration and Payment of Attorneys' Fees - May 2009
Richard Gray, et al. vs. Province-Grace, LLC., et al., United States District Court, Northern District of Georgia, Civil Action File No. 1:07-CV-2993

We represented twenty individuals who owned homes on the shores of Murray's Loch in the Overlook at Marietta Country Club. Development activities within the County Club silted in a number of coves in Murray's Loch so that they were no longer accessible. After filing suit and moving for summary judgment against the Defendants, we reached a settlement agreement with Defendants requiring them to dredge silt from the impacted coves to the satisfaction of an independent expert hired by the parties. Defendants also agreed to pay our Clients' attorneys' fees and expense.

Stormwater Discharge - Nuisance/Trespass (Hopkins)
$175,090 Cash Settlement and Remedial Work - March 2009
Superior Court of Muscogee County, Georgia

Our Client owned a home located downhill from a stormwater detention pond that Defendants installed as part of their residential subdivision development site. On three separate occasions, the detention pond malfunctioned and caused stormwater to flow across our Client's property and into her home. After filing suit and attending mediation, Defendants agreed to pay our Client $175,090.00 for damages caused to her property and to construct a structure that would prevent any future flooding of her property.

Stormwater Discharge - Nuisance/Trespass
$350,000 Cash Settlement - July 2008
Lake Cindy Civic Club, Inc., et al. vs. Brent Scarbrough & Company, Inc., Legacy Investment Group, LLC, et al.
Superior Court of Fayette County, Civil Action File No. 0-V-0911

We represented the Lake Cindy Civic Club and thirty-three individual property owners living in the Lake Cindy Subdivision against the developers of two separate real estate subdivisions. During land disturbing activities, these real estate developers failed to install and maintain adequate erosion control devices; as a consequence, Lake Cindy and two smaller ponds received substantial volumes of silt deposits. Defendants asked the trial judge to dismiss the individual claims arguing that the subdivision residents had no ownership interest in Lake Cindy. We demonstrated to the judge that Defendants' arguments were without merit, and the judge denied Defendants' motion. Afterwards, the case settled when Defendants agreed to pay $350,000.00.

Stormwater Discharge - Nuisance/Trespass/Clean Water Act Violations
Confidential Settlement - December 2007
Leonard Purvis, et al. vs. Douglasville Development, LLC, et al., United States District Court, Northern District of Georgia, Civil Action File No. 1:06-CV-0415-WSD

Defendants constructed a large residential and mixed-use subdivision in Douglas County, Georgia known as Tributary. Our clients alleged that Defendants land disturbing activities caused excessive discharges of pollutant laden stormwater onto their properties that, in turn, caused flooding and other damages. Defendants denied any wrongdoing; however, the case settled under confidential terms after mediation.

Stormwater Discharge - Nuisance/Trespass/Clean Water Act Violations
$425,000 Cash Settlement and Remedial Work - July 2007
United States District Court, Northern District of Georgia

Our Clients lived next to a parcel of land that was developed into a recreational complex by a local municipality. As a result of those real estate development activities, Defendants increased the volume and velocity of stormwater being discharged from the development site and onto our Clients' property. In addition, the stormwater discharges polluted a creek with silt as it flowed from the development site an onto our Clients' property. After filing suit in federal court, Defendants agreed to a settlement consisting of a cash payment for property damage and of remedial work to decrease and divert the stormwater discharges.

Stormwater Discharge - Nuisance/Trespass
$150,000 Cash Settlement - July 2007
Superior Court of Fulton County, Georgia

Our Clients owned a home in Southwest Fulton County on a secluded and heavily wooded lot. Defendants built a large residential subdivision immediately adjacent to our Clients' property and began discharging excessive volumes of stormwater into our Clients' yard. Defendants settled the case on the last day before the trial began.

Stormwater Discharge - Nuisance/Trespass/Clean Water Act Violations
Confidential Settlement - June 2007
Carolyn & Michael Quedens, et al. vs. Coal Mountain Development Co., LLC, et al., United States District Court, Northern District of Georgia, Civil Action File No. 1:05-CV-2584.

We represented four couples who purchased homes on adjacent parcels in the Hampton Golf Village Subdivision located in Cumming, Georgia. A small creek flowed across the back of their properties. After our Clients purchased their homes, Defendants continued real estate development activities on the side of a mountain located upstream from our Clients' properties. Our Clients alleged that, as a result of these development activities, the creek on their properties began receiving excessive volumes of pollutant laden stormwater that was causing severe erosion to their properties. Defendants denied any wrongdoing; however, the case settled under confidential terms after mediation.

Stormwater Discharge - Nuisance/Trespass (McCranie)
$65,000 Cash Settlement - January 2007
Superior Court of Dekalb County

Our Clients lived on a golf course fairway in Newton County. Real estate development activities on the other side of the fairway caused an increase in stormwater flowing across our Clients' backyard. These stormwater discharges eroded a portion of our Clients' backyard. After filing suit and completing discovery, Defendants settled the case.

Stormwater Discharge - Nuisance/Trespass

$150,073 Jury Verdict - September 2006
Edgar Breaux vs. Joyce Blackshear d/b/a Innovation Design
Superior Court of Fulton County; Civil Action File No. 05CV95809

Our client lived in a subdivision located in Southwest Atlanta. His property contained a pond that was fed by a creek flowing from a neighboring property being developed by Defendant. Throughout the course of her development activities, Defendant routinely failed to install and maintain adequate erosion control devices. As a consequence, our client's pond received substantial volumes of silt deposits. After three days of trial, the jury returned a verdict in our client's favor for $150,073.00 that included $100,000.00 in punitive damages against Defendant. The jury also found that we had presented clear and convincing evidence that Defendant's actions demonstrated willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to the consequences of her actions. As a result of this finding, Defendant was unable to discharge the award through bankruptcy.

Stormwater Discharge - Nuisance/Trespass
$195,000,00 Cash Settlement - March 2006
Superior Court of Peach County, Georgia

Our Clients owned two horse farms in Peach County, Georgia. Defendants constructed a residential subdivision uphill from our Clients' back pastures. During construction, Defendants discharged excessive volumes of stormwater onto our Clients' properties that flooded their pastures. We filed suit and ultimately caused Defendants to settle the case.

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.

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) 865-1797 or toll-free (877) 470-2321, or contact us online.