Millard Farms, Inc. v. Sprock

CRANE, Judge.

Landowner Millard Farms, Inc. filed a petition for injunctive relief and damages against adjoining landowners Randy and Christy Sprock to compel the Sprocks to remove a dam which prevented water from draining from the Millard land to the Sprock land. The trial court, sitting without a jury, found that the water at issue was “surface water,” that the Sprocks did not block a “natural waterway” or “water course,” and that they were entitled to protect their land from the surface waters under the modified “common enemy doctrine.” Millard Farms, Inc. appeals from this order. We affirm.