Butler v. Germann

Owen and Ema Butler sought an injunction requiring John and Barbara Germann to repair damage to an irrigation ditch that runs through the Germanns’ property before delivering water to the Butler’s property. The District Court for the Fourth Judicial District in Ravalli County issued a preliminary injunction and, after a hearing, issued a permanent injunction, together with an award of damages, costs, and attorney’s fees. The Germanns appeal. We affirm.

The issues are:

1. Did the District Court err in ordering the Germanns to repair the ditch?

*1092. Did the District Court err in permanently enjoining…