Harris v. Woodlands Club
55 A.3d 449
Me.2012Background
- Harris purchased a 12-acre parcel in 2004 abutting the Woodlands, at the northern boundary, at a topographic low point for drainage Watershed A.
- Woodlands Club operates the golf course; the Woodlands Homeowners Association owns the surrounding development and drainage facilities; the Club leases the course from the Association.
- Before development, Watershed A drained naturally onto the Harris parcel, with Discharge Point A a primary outlet.
- The Woodlands stormwater system is designed to drain water gradually into natural discharge areas, using bowls/basins that may hold some water for drainage control.
- As-built alterations deviated from the permit plans (lower cart path, added culverts, longer spillway); the system’s purpose remained to prevent erosion and control flow.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Woodlands’ drainage constitutes common law trespass | Harris asserts artificial collection/increased discharge on their land | Johnson rule bars liability for natural drainage and artificial collection not shown | No liability for trespass; no artificial collection under Johnson |
| Whether Woodlands owed a negligence duty to Harris regarding drainage | Harris seeks negligence for water discharge | No duty in negligence for neighboring land drainage under Johnson | No negligence duty; Johnson governs |
| Whether exclusion of damages testimony was an abuse of discretion | Damages testimony should be admitted and damages valued | Late, revised damages opinions were improper under Rule 26(e)(2)(B) | Exclusion affirmed; no abuse of discretion |
Key Cases Cited
- Johnson v. Whitten, 384 A.2d 698 (Me. 1978) (no liability for natural drainage back up on an abutter's land, with artificial collection exception)
- McRae v. Camden & Rockland Water Co., 138 Me. 110, 22 A.2d 133 (Me. 1941) (artificial collection when water is pumped or diverted for non-drainage purposes)
- Goodwin v. The Texas Co., 133 Me. 260, 176 A. 873 (Me. 1935) (artificial collection in creating new land via dredgings)
- Morrison v. Bucksport & Bangor R.R. Co., 67 Me. 353 (Me. 1877) (no liability for drainage practices that do not create artificial collection)
- Smith v. Preston, 104 Me. 156, 71 A. 653 (Me. 1908) (negligence duty to repair a gutter differs from trespass rule)
- Pettengill v. Turo, 159 Me. 350, 193 A.2d 367 (Me. 1963) (liability for nuisance related to watercourse blockage involves different law)
- Radley v. Fish, 2004 ME 87, 856 A.2d 1196 (Me. 2004) (violation of regulatory statute is not itself a common law duty)