Westland Skating Center, Inc. v. Gus Machado Buick, Inc.

Supreme Court of Florida, 1989.

542 So.2d 959.

Johnson, pp. 795-801

 

Facts: A skating rink and a car dealer were located next to each other in what used to be a swamp.  Before the skating rink was there, there was a miniature golf course, and there was no problem with water flow.  But now the skating rink has a sloped roof that increased the flow towards the car dealer.  The roof is a steeper pitch than the natural grade of the land.  Cars got damaged!  So the car lot built a big ol’ wall to keep all the wall on the skating rink’s property.  The next time there was a flood, all the water stayed on the skating rink’s side and the rink was damaged. 

 

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