Pyle v. Gilbert
Georgia Supreme Court
245 Ga. 403, 265 S.E.2d 584 (1980)
Willie and Arlene Gilbert (plaintiffs) owned a water-powered gristmill on Kirkland’s Creek, a non-navigable waterway. Sanford Hill (defendant) owned property upstream. The Gilberts sued Hill for nuisance and trespass, alleging under the natural flow theory that Hill unlawfully diverted water from the creek for irrigation purposes on his farms. Hill responded that his use was proper under the reasonable-use theory. The trial court granted the Gilberts summary judgment, holding that Hill’s irrigation system was unreasonable and improperly diverted water from the stream as a matter of law. Hill appealed.
Rule of Law
Holding and Reasoning (Hill, J.)
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