Dudley Special Road District v. Harrison

FLANIGAN, Judge.

In Count I of their petition respondents, plaintiffs below, sought an injunction requiring the defendants to remove an obstruction, in the form of a levee, placed across a natural watercourse known as Lick Creek and prohibiting defendants from again obstructing Lick Creek. The defendants filed a counterclaim, Count I of which requested injunctive relief. Both the petition and the counterclaim contained additional counts, but those counts, which requested damages, remain pending in the trial court for separate trial and they are not involved here.

Only the issues generated by…