Nicholas v. McDaniel

William and Caroline Nicholas (hereinafter referred to as plaintiffs) appeal from a declaratory judgment and permanent injunctive order dismissing the Nicholas claim for trespass against Russell McDaniel and Richard Rademacher (hereinafter referred to as defendants), declaring Burgess Creek to be navigable, and prohibiting plaintiffs from obstructing free passage through same.

The facts relevant to the disposition of this appeal are as follows. Burgess Lake has no inlet and only the outlet of Burgess Creek. The latter is approximately 800 feet long and empties into a 35-acre body of water…