Engel v. Rhen Marshall, Inc.

Plaintiffs filed this action on August 15, 1978, to enjoin the defendant from continuing to allow the dis charge or overflow of water and sewage effluent from defendant’s sewage lagoon onto the plaintiffs’ land. The defendant’s theory of the case was that it had acquired a prescriptive easement over the plaintiffs’ land. The trial court agreed with the defendant and, on that basis, denied the request for injunctive relief. Plaintiffs have appealed and their assignments of error generally attack the finding of a prescriptive easement. Additionally, plaintiffs complain that the trial court…