Macartor v. Graylyn Crest III Swim Club, Inc.

Seitz, Chancellor:

The parties in this case are neighboring landowners contesting their respective rights tó a supply of what the parties agree is percolating underground water. Defendant has moved to dismiss the first three causes of action. Plaintiffs have countered with a demand for summary judgment in the first cause of action.

In their first cause of action plaintiffs allege that they are the owners and inhabitants of a residential dwelling located near a suburban area known .as Graylyn Crest III. Plaintiffs in the past have supplied their household water needs from a well on their…