Elsberry Drainage District v. Geske

CLEMENS, Senior Judge.

Plaintiff drainage districts sued to enjoin defendants Geske from maintaining a dam they had erected. Plaintiffs claimed the dam unduly increased the water level within their district.

On defendant land owners’ motion the trial court dismissed the petition. This, on the sole ground “plaintiff is without statutory authority to sue.” Defendants justify this because the statutory drainage chapters 242 and 246 of RSMo. do not specifically mention drainage districts’ right to sue. This appeal is limited to the cited trial court order of dismissal.

Defendant-respondents’ only…