Huser v. Duck Creek Watershed (Joint) District No. 59

The opinion of the court was delivered by

Holmes, J.:

Herbert E. Huser and Ethel M. Huser, his wife, appeal from an adverse decision in an action wherein they sought a writ of mandamus and a mandatory injunction against Duck Creek Watershed (Joint) District No. 59, Wilson, Montgomery and Elk Counties (hereafter Duck Creek) concerning the construction and maintenance of a flood control dam and lake on the appellant’s property. Appellants also sought a declaratory judgment establishing their right to appropriate water from the project for irrigation purposes. The trial court denied all relief…