Burke v. Frey

Plaintiffs brought this suit to obtain injunctive relief against defendants. The issues involved are wholly factual. It appears that the plaintiffs are the owners of lots in Joel A. Labo Lakeside *607subdivision in the township of Prenchtown, Monroe county, on which they have constructed homes in proximity to and facing Lake Erie. Defendants are the owners of land lying north of the lots of the plaintiffs and separated therefrom by a county highway known as Burke avenue.

The bill of complaint filed in the cause alleged that for many years past there were 2 ditches on defendants’ property running…