Jackson County moves to seek injunction after property owner creates berm that blocks roadway drainage

County staff asked the Board of County Commissioners to authorize seeking a court injunction after a neighboring landowner constructed a berm on Garrett Road near Malone that the county says diverts historic water flow and now contributes to roadway flooding.

Rhett Daniels and county staff described recent observations: heavy rains left the road inundated and staff reported the berm had impounded water that normally flowed across the property. County Attorney Michelle Jordan told the board the landowner, Mr. Rogers, has been highly litigious in prior suits and has appealed cases as far as the U.S. Supreme Court. "I would put him in the category of vexatious," Jordan said, adding that past litigation had required the county to defend actions.

Given those circumstances, Jordan recommended the county pursue a temporary injunction on an emergency basis to order removal of the berm and restore natural water flow; the board authorized the county attorney to proceed and also approved using the Northwest Florida Water Management District as a technical resource for hydrologic analysis and expert testimony.

Public-works staff noted alternatives such as raising the roadway would shift water onto neighboring properties or timber stands and could worsen impacts. The board approved the motion to pursue injunctive relief and to consult David H. Melvin Engineering because of its prior familiarity with the road.

No timetable for filing was provided at the meeting; staff said they would ask the court for temporary relief given the start of the county's rainy season and that longer litigation could take much longer if appealed.