Lemon v. Pauls

The opinion of the court was delivered by

Parker, C. J.:

Plaintiffs, in their individual capacities as private citizens, commenced this action in the district court of Johnson County by filing a petition in which they sought and demanded a mandatory injunction, under the provisions of G. S. 1949, 82a-301 to 305, inch, directing the defendant, as an alleged upper riparian landholder, to obtain a permit from the Chief Engineer of the Division of Water Resources for alterations made by such landholder on an alleged common stream without having received such a permit. Defendant demurred to the…