Brown v. Tomlinson

Jordan, Presiding Justice.

Appellant Brown brought suit against appellee Tomlinson seeking a permanent injunction to prevent appellee from draining an artificially created body of water off appellant’s land by breaking the dam located on appellee’s property. The trial court denied appellant’s prayer for a permanent injunction, and he appeals.

“Brown’s Pond” was formed in 1956 when a group of neighborhood landowners, including appellant and appellee’s predecessor in title, decided to dam up a creek running through appellant’s land down through appellee’s land to create the pond primarily for…