Erich J. Schock

Erich J. Schock

Co-Managing Shareholder, Chair - Real Estate, Land Use & Development

Real Estate, Land Use & Development • Zoning • Project Development & Finance • Tax Assessment Appeals & Property Tax Exemptions

Erich J. Schock
Feb. 6, 2015

EMERGING CASELAW: Revisiting the Common Enemy Rule

Historically, the Common Enemy Rule provides that an upper landowner may discharge its stormwater on the land of a lower landowner, except where: (1) the water is diverted from its natural channel by artificial means, or (2) where the quantity or quality of the water discharged on the lower landowner is unreasonably or unnecessarily increased. […]