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O'LEARY v. WHITEHALL CONST.

Nos. S10A1443, S10X1442.

708 S.E.2d 353 (2011)

O'LEARY et al. v. WHITEHALL CONSTRUCTION et al.; and vice versa.

Supreme Court of Georgia.

March 18, 2011.

Attorney(s) appearing for the Case

Larry Eugene Stewart, Larry E. Stewart & Associates, Lawrenceville, for appellant.

James Stuart Teague, Jr., Teague & Zeliff, LLC, Larry C. Oldham, Keisha Leigh Martin Chambless, Teague & Zeliff, LLC, Cumming, for appellee.

BENHAM, Justice.

In August 2005, appellants Joseph and Teresa O'Leary brought a trespass and nuisance action contending appellee Whitehall Construction and the other appellees' activities associated with constructing a house on a next-door lot caused excessive storm water runoff onto the O'Learys' property in 2004-2005. In October 2006, prior to the trial of the case, appellees offered the O'Learys a settlement of $40,000. See OCGA § 9-11-68(a).

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