Staats v. Hubbard

Seitz, Vice-Chancellor:

This is a dispute between neighbors over the flowage of surface water from one property to another. Defendants have moved to dismiss the complaint.

Plaintiffs own a piece of land known as 205 Jefferson Avenue, Wilmington Manor, on which their home and garage are erected, while the defendants have an adjoining property known as 203 Jefferson Avenue. Plaintiffs claim that their property is being irreparably damaged by surface and drainage water being diverted in great quantities from the defendants’ land. They allege that the diversion is caused by the fact that the…