Walker v. Duba

OPINION

SCHRODER, Judge.

This appeal discusses the rights and obligations of an upper elevation owner in ridding itself of diffused surface waters onto lands below. Kentucky has adopted the “reasonable use” rule which is a modification of the “common enemy” doctrine. The reasonableness of a land owner’s actions is an issue of fact and the trial court’s findings will not be reversed absent an abuse of discretion. We see no abuse of discretion and affirm.

Eugene and Dorothy Duba own a lot and house on a hillside in a subdivision in Jefferson County. Below their property is a lot and house…