Tucker v. Graham

OPINION

McCLOUD, Chief Justice.

Eldon Wayne Tucker built a dam or dike on property he owned in rural Taylor County to prevent surface water from flooding his property and his home. The natural flow of the surface water was from an adjacent tract of land owned by Paul D. Graham, DeAlva Graham, and The Sid Oliver Trust (Graham property) onto Tucker’s 1.0044-acre tract (Tucker property).

Paul D. Graham, individually and as representative of The Sid Oliver Trust, together with DeAlva Graham sued Tucker, Tucker’s ex-wife, 1 and Levi W. and Mattie Douglas 2 alleging that Tucker’s dam was a nuisance…