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CITY OF SANDY SPRINGS v. KAPLAN

No. S09A1187.

686 S.E.2d 115 (2009)

CITY OF SANDY SPRINGS v. KAPLAN et al.

Supreme Court of Georgia.

November 9, 2009.

Attorney(s) appearing for the Case

Andrew J. Whalen III, Leigh C. Hancher, Willard & Sullivan, Wendell K. Willard, Matthew C. Welch, Atlanta, for the appellant.

King & Yaklin, Russell D. King, Marietta, for the appellees.

William F. Riley, Jr., Cecil G. McLendon Jr., Scott T. Hastey, Leonid M. Felgin, Marietta, for amici curiae.

THOMPSON, Justice.

Ronnie and Richard Kaplan filed suit against Fulton County, the City of Sandy Springs and the Fulton County School District ("FCSD"), seeking, inter alia, damages for nuisance and trespass stemming from the flow of water across their land, as well as mandamus to order defendants to repair a 36-inch drainage pipe under their driveway. The case focuses on the question of whether the city impliedly accepted...

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