Farley v. Wappapello Foods, Inc.

CROW, Judge.

This lawsuit is about surface water.

Plaintiffs, John Farley and Rebecca Farley, own a tract of land. They reside in a house on the tract.

Defendant, Wappapello Foods, Inc., owns a tract of land adjacent to Plaintiffs’ tract. Defendant’s tract “slopes down” toward Plaintiffs’ tract.

Prior to 1990, Defendant’s tract was undeveloped. Surface water flowed from Defendant’s tract onto Plaintiffs’ tract; however, Plaintiff John Farley testified this occurred only when there were “massive like gully washers.”

In 1990, Defendant constructed a store and concrete parking lot on its tract. In…