Water is the most destructive force in nature. We try our best to control it, but it is always the master with our feeble attempts at being its’ porter. It holds no bias, path be damned. In 2015, the “City” began a Bethany Road repaving project. No notices were sent out to Bethany Residents. All were blindsided. As they came to our frontage, one could easily see that the road was not only being widened but tilted towards our largest pasture where our private drain is located. Flooding was the end result. Mom and I tried to get satisfaction, even referencing possible legal action. However, it was at this time that she was getting sicker and sicker. I had to choose my battles and all attention was focused on keeping my mother alive.
We weren’t the only Bethany resident that had problems. One neighbor expressed concern where the newly elevated pavement met the family driveway. Having a senior family member and when factoring the deadly speeding that continues to this day to go unchecked, they were concerned about their vehicle’s tires catching slightly, putting them in danger upon egress and ingress.
A woman who worked for “City” public works at the time would ask if their vehicles were scrapping along the bottom.
With the response being “no”, this “City” employee then responded “Then there is not a problem…”
Another resident, who was an attorney by trade, would light up Mayor Joe Lockwood’s phone threatening lawsuits, demanding correction to his frontage. His issue was resolved.
The history continues regarding the lovely neighbor that called 911 on us countless times. Prior to building, their developer would dump tons of fill dirt on said parcel via Mack trucks with grade level increasing by four feet within 12 inches of the shared property line, I reached out via email to then “City” Arborist Mark Law expressing our concern before the new home was built. He would reply stating he didn’t see an issue and if so, to let those with “City” staff know.
The polaroid photos on the left of these two pages are prior to grade adjustment. Note fence line. Pictures on the right are after. All are approximately in the same area as the one opposite.
Within a brief period, we started getting more and more water as the grade adjustment not only created a “damn” effect, but also encouraged water on said berm to go the way of gravity, right towards our property. There is only one drain right next to the moved elevated driveway that catches nothing.
Erosion is constant everywhere; most notably in our smaller pasture to the left where a new ditch has been cut in via the power of uncontrolled water.
I called then Bethany Neighbor and “City” Councilman Burt Hewitt. Being a grader, I was hoping he could help. His response by phone was as follows “If I was the developer, I would tell you to fuck off…” Council Member Joe Longoria actually came over to see the damage and change. His response? “What does it matter if you are going to sell?” In October of 2020, I asked Council Member Rick Mohrig to come over to bear witness. 19 months have passed with no visit.
When we tried to talk with the guilty neighbor, they would claim that the horses caused the flooding. Yep, various horses we have kept for decades suddenly damaged the topography; adjusting grade by four feet so severely as to create flooding you see on these pages. Right…
They also refused to look at various pictures taken over the years showing original topography. Finally, their developer suggested we move our barn drive over that has been in the same place for forty-four years.
I sent “City” staff photos and video. To their credit, they would hire Wolverton Engineering Agency to conduct an investigation.
The evidence we submitted included countless “before” photos showing fence line and original topography. “After” photos offered images and video showing streams of water pouring over as well as countless flooded areas and newly elevated terrain.
Eventually, I would meet with “City” Manager Steve Krokoff and then Public Works Manager Carter Lucas at the old Hardees Restaurant in Alpharetta.
They handed me the Wolverton Report stating there was no issue. When I read the exposition, it would state that, “Wolverton Agency cannot speak as to how topography was prior…” Thus, the “City” of Milton withheld the evidence we submitted showcasing original topography. When I pressed Mr. Krokoff on this fact, he responded via short email stated” the city has formally concluded its review of this civil matter with your neighbor. I will not be rehashing your list of grievances now or in the future.”
It is illegal for evidence to be withheld during an investigation… “2010 Georgia Code
TITLE 16 – CRIMES AND OFFENSES CHAPTER 10 – OFFENSES AGAINST PUBLIC ADMINISTRATION ARTICLE 5 – OFFENSES RELATED TO JUDICIAL AND OTHER PROCEEDINGS § 16-10-94 – Tampering with evidence O.C.G.A. 16-10-94 (2010)16-10-94. Tampering with evidence (a) A person commits the offense of tampering with evidence when, with the intent to prevent the apprehension or cause the wrongful apprehension of any person or to obstruct the prosecution or defense of any person, he knowingly destroys, alters, conceals, or disguises physical evidence or makes, devises, prepares, or plants false evidence.”
State of Georgia Law also states that it is illegal to divert storm water onto private property. As you can see, the “City” Illegally did so twice via “City” action and lack thereof.
Regarding the flooding, consider “Green v. Eastland Homes” and read the following. The dual presence of hills and rain is also reflected in Georgia’s general stormwater law. The Supreme Court of Georgia stated, “In surface water run-off disputes where two lots adjoin, the lower lot owes a servitude to the higher, so far as to receive the water which naturally runs from it, provided the owner of the latter has done no act to increase such flow by artificial means.” …284 Ga. App. 643, 645, 644 S.E.2d 479, 481 (2007). This legal principle means a downhill property must accept stormwater from the uphill property, as it has an obligation or “servitude” to do so. As a result, one cannot construct a fence or wall at the boundary line which dams up stormwater to prevent it from flowing downhill. On the other hand, this principle also means that an uphill property owner cannot do anything to increase the volume or concentration of stormwater onto the downhill property.
Occasionally, we see this issue arise when an uphill property owner constructs a drainage system which collects stormwater into a pipe which then discharges at the boundary line and onto the downhill property. This concentrates a large amount of stormwater onto a small area of the downhill property, giving rise to a risk for flooding or erosion in that area. In this case, the downhill property owner may have a cause of action against the uphill property owner for trespass or nuisance due to the increased concentration of water.”
Flooding has been so severe that a ditch 4 inches deep has been created due to erosion in one of our pastures.
The barn drive previously used for over forty years is now not passible.
“I will not be rehashing your list of grievances now or in the future. ” “City” of Milton Manager, Steve Krokoff
We would hire an attorney. About $6k in, they then said we needed to hire an engineer. That cost was going to be an additional $10k. Remember, we contacted the “City” prior to any construction beginning as grade was being adjusted. The “City” approved the land disturbance permit & conducted the building inspection. The “City” KNEW.
The result of both vandalism acts are as follows: our barn drive, utilized for decades, is not passable with my four-wheel drive truck. Our horses cannot access our smaller pasture. It is now a swamp with frogs laying eggs in it as well as mosquito and flies breeding putting our horses’ health in jeopardy.
The original garden acre where my grandfather first toiled is under water upon any given rain fall. Where green pastures once thrived, there is now scrub land with random weeds.
We now purchase hay year-round for Tonka costing hundreds annually. Thousands of gallons of water now fill our largest pasture instead of it dispersing equally on both sides as it had done prior. You can clearly see erosion veins cut into our frontage as the water makes it way down. Any down pour will guarantee our main driveway entrance drowned in three plus inches of water. Suffice to say our once innocent country place has been compromised yet again through no fault of our own.
Example 10 of those given power at the “City” of Milton refusing to follow or abide by State of Georgia Law by illegally diverting and approving of storm water being diverted onto a private property.