Rueth v. State

I believe the focus of the majority opinion is too narrow and I dissent. This appeal results from a jury verdict and judgment entered thereon following a lengthy trial on the issue of inverse condemnation. It was alleged that plaintiff’s land was being “taken” by the action of the State defendant-appellant in changing the flow of a stream and raising the water level to make plaintiff’s lands useless. The trial was the usual array of expert witnesses, together with voluminous exhibits and documentary evidence. As I perceive the record, the principal issues were whether the water cast upon…