DeWerff v. Schartz

Six, J.:

Plaintiffs Vernon and Marian DeWerff appeal from the trial court’s denial of their request for an injunction to enjoin defendants Dale Schartz and Joseph Schermuly from pumping water from the Schermuly farmland. The DeWerffs also appeal the trial court’s award of damages to Dale Schartz and Schermuly based upon the wrongful issuance of a temporary restraining order.

LeRoy Schartz, originally named as a party defendant in this action, was dismissed at the pretrial conference.

The issues are: (1) Did the trial court err in allowing defendants Schermuly and Schartz to continue to pump…