Lee v. Schultz

MORGAN, Justice.

The trial court’s application of the doctrine of res judicata resulted in the dismissal of appellants’ complaint, by which Ralph E. Lee and Carolyn B. Lee (Lees) sought abatement of a nuisance resulting from respondent Mark G. Schultz’ (Schultz) drainage of sloughs on his land onto the land of Lees. Schultz affirmatively pled res judicata based on an earlier adjudication, wherein Ralph Lee individually (Ralph) sought an injunction against maintenance of the drainage ditch, which relief was denied. Lees appeal and we reverse and remand.

*88The facts before the trial court, as…