Town of Everett, Burt County v. Teigeler

Plaintiff, Town of Everett, a township in Burt County, brought this action seeking by mandatory injunction to require defendant Paul Teigeler to remove a dike and restore his adjoining land to its condition just before the dike was constructed. After hearing on the issues made by plaintiff’s petition, defendant’s answer, and plaintiff’s reply, the trial court inspected the premises and rendered a judgment which found and adjudged the issues generally in favor of defendant and against plaintiff, and dismissed the action at plaintiff’s costs. Plaintiff’s motion for new trial was overruled, and…