Lupkes v. Town of Clifton

Appeal by defendants from an order granting a temporary injunction restraining them from making and maintaining an opening through an embankment or dyke made by the material excavated from a county ditch, and compelling them to restore the embankment to the condition in which it was when they began their excavation for the proposed opening.

Clifton, in Traverse county, is a typical Red River Valley township. Except for the watercourses about to be mentioned, the land is flat, with a gradual uniform slope to the north and west. Twelve Mile creek is a well defined watercourse running almost due…