Dayley v. City of Burley

McFADDEN, Justice.

The plaintiff-respondents, Ardell Dayley and Max Dayley with their wives, instituted this quiet title action against the City of Burley and other defendants. The claims of all defendants other than the city were settled and are not involved in this appeal. In their complaint the plaintiffs alleged that the city had caused certain storm sewers or drains to be constructed which accumulated and diverted storm waters onto plaintiffs’ property, which they sought to enjoin. The defendant city answered the complaint, denying the allegations therein and as an affirmative defense to…