Fitzgerald v. Young

McFADDEN, Judge Pro Tem.

The present controversy began when Fitzgerald and Mefford undertook a joint venture, called Denton Village, to develop real property located adjacent to farmland owned by Young. It required the design and implementation of a surface water drainage system to accommodate runoff generated by unusual storms. The system developed for Denton Village employed the use of an existing ditch system on the western border of the project through which runoff would drain.

Young’s property lies on the western border of Denton Village. At the easternmost edge of his property are two…