Hiegel Farms Corp. v. Casselman

The plaintiff, Hiegel Farms Corporation, appeals the dismissal of its petition to obtain an injunction to remove an embankment which is alleged to obstruct the natural flow of surface waters. The district court determined that although both the plaintiff’s and defendants’ lands are within a watershed area, there is no natural depression, draw, swale, or watercourse upon either of the premises.

The trial court also found that the accumulation of floodwaters from the land of the plaintiff was caused primarily by a low spot in the southeast corner of the plaintiff’s land, and additionally by the…