The Thomases then answered the complaint and counterclaimed for a declaratory judgment as to ownership of the disputed portion of the riverbed.
Newton county water and sewerage authority trial#
The trial court entered an order enjoining them from preventing the surveyors from entering onto the property for 30 days, and the property was surveyed. After an initial hearing, the Water Authority amended the resolution that authorized the complaint by stating that they might want to use this property for a public purpose at some future time, and the Thomases agreed to allow the survey. Initially, the Thomases would not allow the Water Authority to survey the boundary lines of the disputed property, so the Authority filed a complaint for injunctive relief, seeking authority for their surveyors to enter onto the disputed land. They contend that their boundary line extends across the entire riverbed to the opposite bank, located in Henry County, while the Henry County Water Authority contends that it owns half of the riverbed, from the Henry County bank to the center. The Thomas brothers bought land on the Newton County side of the river in 1976 and have been operating a hydroelectric power generating station there ever since. The Thomases appeal, arguing that the trial court erred, but for the reasons that follow, we affirm. and the estate of Michael Thomas (“the Thomases”) and granted it to the Henry County Water and Sewerage Authority (“the Water Authority”), concluding that the Authority owns the title to the riverbed in this disputed area, subject to an easement. The trial court denied summary judgment to Hoke Thomas, Jr. This case involves a boundary dispute over a portion of the South River riverbed located on the Henry and Newton County line, in an area known as Snapping Shoals. William Albert White, for Henry County Water and Sewerage Authority. Ward Stone Jr., James Peyton Smith, Matthew Stewart Cathey, Warren Randall Power, for Hoke Thomas et al. HENRY COUNTY WATER AND SEWERAGE AUTHORITY.
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