Pike County Board of Education v. Belfry Coal Corp.

CLAY, Commissioner.

Plaintiffs (appellees) own and operate a garage at the northwest corner of U. S. Highway 119 and Hatcher Street in the town of Belfry. Defendant Board of Education (appellant) owns adjoining property. Plaintiffs were granted a permanent injunction enjoining the Board from filling its land so as to cast water onto plaintiffs’ premises.

Hatcher Street runs east and west. Plaintiffs’ building is at the east end thereof where it intersects Highway 119. Westerly the street ascends into a hilly area. Originally the land owned by the Board (west of plaintiffs’ bidding) had a lower…