Heil v. Sawada

These cases, seeking mandatory injunction, were consolidated for trial and by stipulation jointly appealed. They involve a judgment of the trial court in each case, enjoining and restraining defendants from diverting or altering the natural flow of surface waters through a certain drainage ditch which conveys water onto plaintiffs’ land, and ordering defendants to refill said ditch and restore the property to its former status.

There is little if any dispute as to the facts. The parties to the action own and lease several parcels of property east of Highway 39 in the vicinity of Smeltzer…