McCuen v. McCarvel

Plaintiffs, owners of the southeast quarter of Section 14, Lorain Township, Nobles County, brought this action against defendants, owners of the northeast quarter of the section, claiming that defendants have wrongfully obstructed drainage of surface waters from plaintiffs’ farm and seeking an order requiring defendants to reestablish such drainage. Plaintiffs appeal from a judgment dismissing their action with prejudice. We affirm.

Prior to 1971 a town road which had been established 100 years earlier ran along the east line of the section. Surface waters flowed off plaintiffs’ land to the…