Harris v. Brooks

Paul Ward, Associate Justice.

The issues presented by this appeal relate to the relative rights of riparian landowners to the use of a privately owned non-navigable lake and the wafer therein.

Appellant, Theo Mashburn, lessee of riparian landowners conducts a commercial boating and fishing enterprise. In this business he rents cabins, sells fishing bait and equipment, and rents boats to members of the general public who desire to use the lake for fishing and other recreational purposes. He and his lessors filed a complaint in chancery court on July 10, 1954, to enjoin appellees from pumping…