Reeder v. Board of County Commissioners

The opinion of the court was delivered by

Schroeder, J.:

This is an appeal from an order of the trial court sustaining a demurrer to an amended petition which seeks a mandatory injunction, requiring the appellees to restore a natural watercourse to its original condition, and enjoining the appellees from thereafter changing said natural watercourse. The amended petition also asks for such other and further relief as is just and equitable.

On the state of the record presented for appellate review, the only question is whether the amended petition states a cause of action.

After alleging the…