Harris v. Woodlands Club
Annotate this CaseJ. Cole and P. Daphne Harris filed a complaint against The Woodlands Club and The Woodlands Homeowners Association (collectively, the Woodlands), alleging that the Woodlands tortiously discharged surface water onto their property causing flooding and an increase in wetland. The superior court granted a partial summary judgment in favor of the Woodlands on the Harrises' statutory trespass and negligence claims and concluded that disputes of material facts precluded a summary judgment on the common law trespass claim. Both parties appealed. The Supreme Court affirmed, holding that the trial court did not err in (1) concluding that the Woodlands was not liable for trespass; (2) entering judgment in favor of the Woodlands on the Harrises' negligence claim; and (3) entering a pretrial order excluding certain testimony.
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