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WHITESIDE ESTATES, INC. v. HIGHLANDS COVE

No. COA04-730.

609 S.E.2d 804 (2005)

WHITESIDE ESTATES, INC., Plaintiff, v. HIGHLANDS COVE, L.L.C., Defendant.

Court of Appeals of North Carolina.

March 15, 2005.

Attorney(s) appearing for the Case

Roberts & Stevens, P.A., by William Clarke, Asheville, for plaintiff-appellee.

Creighton W. Sossomon, Highlands, for defendant-appellant.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C., by Elizabeth B. Partlow, Columbia, for defendant-appellant.

LEVINSON, Judge.

Defendant appeals from judgment entered upon a jury verdict awarding plaintiff damages for trespass, nuisance, and violation of the North Carolina Sedimentation Pollution Act. We affirm.

The relevant facts may be summarized as follows: Plaintiff owns a 265 acre tract in Jackson County, North Carolina, through which flows Grassy Camp Creek (the creek). In 1957, plaintiff dammed the creek to create...

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