ORLANDO — An Orange County husband and wife are suing developers, alleging negligence, private nuisance and trespass.
Austin and Christine Butler filed a complaint Oct. 9 in the Orange Circuit Court against Crescent Communities LLC, Lake Apopka 2012 LLC and Oakland Park Association Inc., alleging they breached good faith and fair dealing in creating a flood threat in a development next to the plaintiffs' property in Winter Garden.
According to the complaint, the Butlers have suffered property damages at 958 Tildenville School Road, Winter Garden. The suit says they have lost the property's beneficial use and enjoyment, plus cost of repair and/or diminution in value from the physical invasion or flooding. The lawsuit states the flooding was the result of the defendants' lack of storm water management during the construction of a development adjacent to the plaintiffs' property.
The plaintiffs allege the defendants caused a trespass of storm water runoff onto the Butlers'' property, created a foreseeable zone of risk of injury to the plaintiffs, and failed to exercise reasonable care, technical skill and diligence in controlling storm water discharge from their development property next door.
The Butlers seek trial by jury, damages against the defendants for at least $15,000, plus court costs and all other relief justice requires. They are represented by attorneys Karl E. Pearson and Brian D. Shank of Pearson Bitman LLP in Maitland.
Orange Circuit Court case number 17-C-8987