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MERLINO v. CITY OF ATLANTA

No. S07A1271.

657 S.E.2d 859 (2008)

MERLINO v. CITY OF ATLANTA et al.

Supreme Court of Georgia.

February 25, 2008.

Attorney(s) appearing for the Case

Carol V. Clark, Carol Clark Law, Atlanta, for Appellant.

James F. Cook, Jr., Goodman McGuffey Lindsey & Johnson LLP, Henry Milton Quillian, III, Fellows, Johnson & Labriola, LLP, Brian Wade Johnson, Drew Eckl & Farnham, LLP, Robert N. Godfrey, City of Atlanta Law Department, Matthew David Gansereit, Allen, Kopet & Boyd, PLLC, J. William Haley, Buker, Jones, Morton & Haley, P.C., James Alan Langlais, Alston & Bird, LLP, Lee Doyle, Atlanta, for Appellee.

MELTON, Justice.

This dispute involves the rights and duties of property owners and the City of Atlanta ("City") with respect to an underground drainage pipe. The underground pipe traverses several lots, including lots owned by John and Melissa Merlino and Jeff and Leigh Juliano. The Julianos' property is located two lots directly downhill from the Merlinos' property. Further downhill, the underground pipe eventually empties into the City's sewer system. After the...

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