Arrien v. Levanger

This is a suit to enjoin defendant from trespassing upon plaintiff’s land by the seasonal flooding of his land, and to recover damages for the alleged trespass. As an affirmative defense, defendant claims a prescriptive easement to flood plaintiff’s land. The trial court granted the relief sought by plaintiff. Defendant appeals. The only issue on appeal is whether defendant acquired a prescriptive right to flood plaintiff’s land.

In 1948, defendant’s predecessor in interest erected a dam on his land creating what is known as Easter-day Reservoir.(1) The reservoir is used to store water *366which…