Sherburn v. Patterson Farms, Inc.

[¶ 1.] Ronnie Patterson and Patterson Farms, Inc. (Patterson) appeal an order by the circuit court which denied a prescriptive easement and issued a permanent injunction requiring Patterson to either remove a dike located on his property or install culverts to allow for the flow of water at ground level. We affirm in part and reverse and remand in part.

FACTS

[¶ 2.] On February 21, 1994, John Sher-burn sued Patterson seeking to enjoin Patterson from obstructing the flow of water across his land. Patterson’s property is located north of Sherburn’s property. 1 Sher-burn claimed that a dike…