Feistner v. Swenson

FOSHEIM, Chief Justice.

Darrell Feistner (Feistner) appeals from a summary judgment granted in favor of Edward L. Swenson (Swenson). We reverse.

Feistner originally sought a temporary injunction to enjoin Swenson from diverting and draining surface water upon Feistner’s land. Following a hearing, that request was denied. Feistner then filed an amended complaint requesting $12,000 damages and a permanent injunction.

The Feistner land is servient to the Swenson land. Feistner alleged Swenson ditched, channeled and filled his land, and cut through a township road, all of which diverted the water…