Meyers v. Kissner

In this case, plaintiff’s farmland was damaged from continuing erosion aggravated by earthen levees constructed and maintained by defendants. In an action seeking both monetary damages and injunctive relief, the trial court granted partial injunctive relief, but concluded that the five-year statute of limitations barred the recovery of monetary damages. The appellate court agreed that the statute of limitations had run and affirmed that portion of the trial court’s judgment. However, the appellate court further concluded that the plaintiff was guilty of laches, and was thus barred from even…