CARLEY, Judge.
Appellee-defendant is the owner of property on which a shopping center is located. There is also a shopping center on the property which adjoins appellee's. This adjacent property is owned by Roswell Associates, which is a defendant below but not a party to the instant appeal. Appellee's property has a higher elevation than that which belongs to Roswell Associates, with the line between the two properties running along the length of a 54-foot embankment...
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