Oral arg. – COA – May 25, 2017

At 10:00 the COA will hear the case of John William Mayton, J.A. McNeil, and Michael Maranto, Jr.  v. Jane Oliver having to do with drainage  in Orchard Plantation Subdivision in Greenville, MS.  When the subdivision was constructed, a pipe ran under the road draining water from the property owned by the Appellants and into a catch basin on Oliver’s property.  Restrictive covenants prohibited the obstruction of easements.    At some point, Oliver blocked the pipe and drainage that formerly took a day to dissipate took nine weeks and the Appellants suffered various damage to their properties including the destruction of lawns and an  air conditioning unit.   The Appellants sought an injunction preventing Oliver from blocking the pipe and damages. Oliver maintained that the drainage pipe violated the subdivision’s drainage plan.  The trial court granted a temporary injunction but denied a permanent injunction and damages and the Appellants appealed. Oliver cross appealed the chancellor’s denial of her request for attorneys fees.

Mayton brief

Oliver brief

Mayton reply

Oliver reply

Watch the argument here

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