Dudley Special Road District of Stoddard County v. Harrison

HIGGINS, Commissioner.

Action by all plaintiffs in Count I for mandatory injunction to compel defendants to remove a levee they constructed along the north side of their property and which crosses a creek; and in Counts II to VIII by various plaintiffs for a total of $94,500 actual and punitive damages for obstruction of the creek by the levee. Defendants filed answers which admitted construction of the levee and were otherwise a general denial. Defendants also filed a counterclaim in Count I of which they sought to enjoin various plaintiffs from entering upon defendants’ lands.

At the outset…