Irvine v. Montgomery County

The appellants, seeking injunctive relief for alleged damages to their property through continuous diversion of surface waters and denial of use of a public road, appeal the dismissal of their bill of complaint as to Montgomery County. The lower court held, as a matter of law, on the pleadings, that the County is immune from suit for the acts alleged against it, because it was exercising a governmental function.

The bill of complaint alleged that the plaintiffs are the owners of a tract of land in Montgomery County of some five and three quarters acres, known as “Walkers Mill Tract.” The tract…