A Georgia federal judge ruled that Columbia County, Ga., can’t escape claims over its alleged contribution to flooding on the Evans, Ga., golf course. Jones Creek Investors LLC alleges that the county’s neglect of a barren property adds significant runoff to a tributary that prompts flooding when it rains.
A Georgia federal judge on July 19 said Columbia County can’t escape claims over its alleged contribution to flooding on Jones Creek Golf Club in Evans, Ga., owned by Jones Creek Investors LLC, saying there are questions remaining related to causation and damages, Law360 reported.
U.S. District Judge Lisa G. Wood denied a bid for summary judgment by Columbia County on claims by Jones Creek for inverse condemnation, state attorneys’ fees and unconstitutional taking. Jones Creek alleges that the water hazard on its golf course, which also serves as the primary water source for irrigation, is so polluted with sediment that the course floods when it rains, and blames Columbia County’s neglect of a barren 26-acre property for adding significant runoff to the pond’s tributary, Law360 reported.
In terms of causation, Columbia County had argued that Jones Creek failed to prove how much sediment was discharged from its property and deposited in the lake, but Judge Wood pointed to expert testimony provided by the golf course’s owner that shows more than 25% of the sediment arriving into the lake through a connected stream comes from Columbia County’s property, Law360 reported.
Even though the only sediment measurement came in autumn 2010, Jones Creek properly filed a notice of a claim against the county within 12 months of the test, Judge Wood noted, in compliance with Georgia’s state code, Law360 reported.
“Plaintiffs’ expert’s observations that sediment from Columbia County property was going into the lake in autumn 2010 is enough to send to the jury the issues of whether that nuisance occurred between May 16, 2010, and May 16, 2011, and if so, how much sediment was deposited,” Judge Wood wrote.
Because there were issues in determining fair market value for the golf course, Judge Wood said questions remained in terms of damages, as well. While the judge found that it was acceptable to allow General Manager James Ray Mundy Jr. to testify on fair market value despite arguments to the contrary by Columbia County, she noted that other evidence is still “evolving,” Law360 reported.
Judge Wood added that fair market value was difficult to pin down because of flaws found with calculations and estimates contained within an impact report submitted by Jones Creek. But while the judge determined Jones Creek would not be able to rely upon any of these 17 estimates, she said others were better supported, including costs for lake dredging permits and various expert, consulting and legal fees, Law360 reported.
“We are pleased that she has denied the motion for summary judgment,” said Martin A. Shelton of Weissman Nowack Curry & Wilco PC, counsel for Jones Creek. “We still have to assess the order as we look to prepare for trial.”
Counsel for Columbia County did not immediately respond to Law360’s request for comment.
The ruling by Judge Wood means Jones Creek’s 2011 lawsuit will continue against its lone remaining defendant. The golf course owner’s initial complaint named 14 defendants, including CSX Transportation Inc. Among other allegations, Jones Creek said the damage to an upstream culvert owned by CSX and its subsequent replacement are partly to blame for the sediment that flowed into its pond. Jones Creek also accused Columbia County of lax enforcement of the Clean Water Act, Law360 reported.
Judge Wood dismissed CSX from the case in March 2015, and also threw out all claims against Columbia County in connection to the Clean Water Act, saying the plaintiffs were unable to show that Jones Creek or the pond were “navigable waters” in themselves, or that they provided a “significant nexus” to established navigable waters, Law360 reported.
In that same order, the court delayed a ruling on the inverse condemnation, state attorneys’ fees and unconstitutional taking claims, waiting for a revised impact analysis and briefing from the parties, Law360 reported.
In September, Judge Wood denied Jones Creek’s bid to dismiss the claims against CSX and Columbia County so the course could “redo” its case over flooding in county court, ruling that the suit has already used up an enormous amount of the county’s time and resources, Law360 reported.
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