Frese v. Michalec

This is an action for a mandatory injunction to require the defendant to remove a dike which he constructed on his land to prevent the waters of Rattlesnake Creek from flooding over onto it, and for a permanent injunction enjoining the defendant from constructing or maintaining an embankment interfering with the natural flow of flood waters from Rattlesnake Creek across his land. The trial court found for the plaintiffs and the defendant has appealed.

The defendant is the owner of the southeast -quarter and the south half of the northeast quarter of Section 17, Township 25, North, Range 6,…