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The Golf and Country lClub owns a large block of land at the edge of a municipality that the club uses as an 18hole golf
The Golf and Country lClub owns a large block of land at the edge of a municipality that the club uses as an 18hole golf course. A small stream runs through the property and eventually drains into a lake some distance away. The stream also passes through the municipality that is located upstream from the Golf and Country Club property. The municipality installed new storm sewers in an area ofthe city and constructed them in such a way that, in a heavy rain, overflow from the sewers would drain into the stream. Shortly after the construction of the new sewers, several days of heavy rains resulted in a large quantity of water from the storm sewers being discharged into the stream. This in turn produced ooding of the stream and serious erosion of the banks of the stream where it passed through the golf course. Damage was estimated at $350,000. The Golf and Country Club instituted legal proceedings against the municipality for the damage. Discuss the arguments that might be raised by each of the parties, and render a decision
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