McPeak v. Thorell

Defendant, Russell Thorell, was the general partner in a limited partnership formed to create a development consisting of two clusters of townhouses, each surrounding a courtyard. Thorell owned the land on which the development was to be located. The first cluster, Rye Court, consisted of 10 units and was constructed between 1968 and 1970. The second cluster, Heath Court, consisted of 12 units and was constructed between 1971 and 1973. In January 1969 Thorell drilled a water well to serve the development. The well was located approximately 50 to 75 feet from the edge of the development on…