Love v. Burlington Northern, Inc.

OPINION

SEDGWICK, Judge.

The Red Lake Watershed District (the “Watershed District”) granted the Driscoll Brothers a permit to install a culvert decreasing the water flow in a private drainage ditch used by appellants. Appellants seek an injunction directing the removal of the culvert. The trial court held for respondents. We affirm.

FACTS

Sometime before 1900, Burlington Northern, Inc., built railroad tracks along the northern border of Fanny and Nesbit Townships. On the south side of the railroad tracks it constructed the ditch at issue (the “railroad ditch”). On the north side of the railroad…