Adams v. Lang

The plaintiffs, Gale Adams and Nick Armstrong, appeal from a summary judgment in favor of the defendant, John Lang. We affirm.

The issue is whether the law of nuisance or the "reasonable use" rule pertaining to ground water or percolating water applies to the facts of this case.

The facts as found by the trial court in its order dated September 7, 1988, are adopted in toto:

"The plaintiffs are owners of tracts of land lying to the Southeast of defendant's land and along the same aquifer. The plaintiffs own artesian wells that supply water to their property for commercial use, i.e. watering…