Myers v. Caple

LeGRAND, Justice.

This is an appeal involving a dispute between adjoining landowners in Polk County concerning drainage rights. The trial court enjoined completion of a proposed levee which would divert water across plaintiffs’ property and directed removal of a portion of the levee which had already been built. Defendants appeal, and we reverse.

Plaintiffs (Myers) are husband and wife who own property on both the west and east banks of Indian Creek, a stream which runs an irregular course through their property. Defendants (Caple) own property a short distance east of that creek.

Indian Creek…