B & B, LLC v. Lake Erie Land Co.

OPINION

BAKER, Judge.

In this case of first impression, we consider whether a landowner, who raises the subterranean water table on his land and creates a federally regulated wetland, may invoke the common enemy doctrine of water diversion and shield himself from liability to adjoining landowners whose property also became federally regulated wetlands? We answer this question in the negative and conclude that the trial court erroneously granted the defendant-landowner’s motion for a judgment on the evidence.

Appellant-plaintiff B & B, LLC (B & B) appeals the trial court’s grant of judgment on…