Borgmann v. Florissant Development Company

KELLY, Judge.

The issue presented in this appeal is whether a landowner may develop a tract of land by building an apartment complex of 218 units plus ancillary improvements thereon and collect surface water into a weir located on his property and permit the overflow to be discharged onto the adjoining tract of land.

This appeal is from a judgment of the Circuit Court of St. Louis County denying to the plaintiffs-appellants (hereinafter the plaintiffs) an injunction restraining the defendants-respondents (hereinafter the defendants) from collecting and discharging surface water onto plaintiffs’…