Brown v. H & D Duenne Farms, Inc.

HOGAN, Judge.

Plaintiff Mark Brown and the named defendants own farmland located on Buffalo Island, an island which lies on the west side of the Mississippi River adjacent to Scott and Mississippi Counties in Missouri. Assuming (though such is not the case) that the Mississippi River runs north and south at this point, plaintiff’s land lies north of the defendants’ realty. Buffalo Island lies a short distance north of the confluence of the Mississippi and Ohio Rivers and is subject to what the parties call “headwater” flooding when the Mississippi rises and “backwater” flooding when both…