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WEST v. CSX TRANSP., INC.

No. A97A2345.

498 S.E.2d 67 (1998)

230 Ga. App. 872

WEST v. CSX TRANSPORTATION, INC. et al.

Court of Appeals of Georgia.

Reconsideration Denied March 3, 1998.

Certiorari Denied June 12, 1998.

Attorney(s) appearing for the Case

Ann Moceyunas, Atlanta, James S. Astin, Cedartown, for appellant.

Casey, Gilson & Williams, James E. Gilson, Sandra Gray, Atlanta, for appellees.

POPE, Presiding Judge.

In this suit alleging continuing nuisance and trespass, Duane West claims his property flooded repeatedly because defendants CSX Transportation and the Polk County Chapter of Georgia Rails Into Trails ("GRITS") failed to maintain drainage control on a railroad right of way that ran through West's property. CSX abandoned the line in 1988 and pulled up the rails in 1991. West's suit claims that when...

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