Meyers v. Kissner

“For He cometh to judge the earth: with righteousness shall he judge the world, and the people with equity.” Psalms 98: 9, King James version.

Beginning this dissent with a quote from Psalms is not meant to suggest that any member of this court possesses either omniscience or any other quality associated with the Deity. The quote was chosen because it is an ancient recognition of the difference between law and equity. That difference, at least with regard to permanent obstructions to the natural flow of water, has been completely destroyed by the majority’s opinion in this case.

Justice…