Tiedeman v. Village of Middleton

Three issues are presented on this appeal:

1. Does the city of Middleton have the right to discharge surface water from the drainage area onto appellants’ land?

2. Did appellants acquire a prescriptive right to the diversion of the surface water by the railroad embankment?

3. Are appellants entitled to injunctive relief in this situation?

First: Does the city of Middleton have the right to discharge surface water from the drainage area onto appellants’ land? There are two possible theories under which the city could drain water on appellants’ land: (1) Allowing the water to continue the direction…