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SAVAGE v. E.R. SNELL CONTRACTOR, INC.

Nos. A08A1368, A08A1369.

672 S.E.2d 1 (2008)

SAVAGE et al. v. E.R. SNELL CONTRACTOR, INC. Georgia Department of Transportation v. Savage et al.

Court of Appeals of Georgia.

Reconsideration Denied December 16, 2008.

Attorney(s) appearing for the Case

Larry E. Stewart, Lawrenceville, for Reba Savage et al.

Smith, Moore & Leatherwood, J. Robert Persons, Swift, Currie, McGhee & Hiers, Thomas B. Ward, Atlanta, for E.R. Snell Contractor, Inc.

Thurbert E. Baker, Attorney General, Claude M. Sitton, Assistant Attorney General, for Georgia Department of Transportation.

Larry Eugene Stewart, Lawrenceville, for Reba Savage et al.

RUFFIN, Presiding Judge.

Plaintiffs Reba Savage, Jack Savage, and Erin Glanton Savage (collectively, the "Savages") sued the Georgia Department of Transportation ("DOT") and E.R. Snell Contractor, Inc. ("Snell"), alleging that the defendants' road widening project created flooding on the Savages' property. Snell moved for summary judgment, and the trial court granted the motion. DOT filed a motion to dismiss, arguing that the Savages' claims were barred based on their...

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