Forest Lakes Community Ass’n, Inc. v. United Land Corp. of America

Two property owners’ associations (POAs) sued various owners and developers of parcels in a shopping center, claiming that the shopping center’s sediment basins discharged sediment into a creek that flowed into a lake owned by the POAs. The POAs asserted two common-law rights of action, trespass and nuisance, and sought an award of compensatory and punitive damages along with an injunction abating the ongoing sediment incursion. The circuit court sustained pleas in bar brought by Defendants asserting the five-year statute of limitations, concluding that the incursion of sediment had been occurring for more than five years before the suit was filed. The Supreme Court affirmed, holding that the circuit court did not err in applying the statute of limitations to the POAs’ claim of trespass damages and in denying the POAs’ motion for summary judgment. View "Forest Lakes Community Ass’n, Inc. v. United Land Corp. of America" on Justia Law