Hart v. Stewart

McQUADE, Justice.

This action arises out of an allegation by the plaintiffs-appellants, John W. Hart, Herman Reisner, Norman Reisner and Thelma R. Ramey, that the defendant-respondent, Reid Stewart, is interfering with their underground water supply. The appellants’ consolidated action, an appeal from a decision by a Local Ground Water Board and a damage action was dismissed on the respondent’s motion for summary judgment by the district court and the appellants have appealed that order of dismissal to this Court. The two consolidated actions will be discussed separately beginning with the…