Klassen v. Regier

The opinion of the court was delivered by

Wertz, J.:

This action was instituted by plaintiffs Jacob E. Klassen, Harry Gossen, Harley R. Koop, and D. L. and Edna Wiens (hereinafter referred to as appellants) against defendants H. J. and Jack Regier (hereinafter referred to as appellees) to enjoin the appellees from changing the course of a stream and putting into operation a flood control plan approved by the chief engineer of the division of water resources, and for an order directing the appellees to remove an existing levee.

The pertinent facts may be summarized as follows: On December 21,…