Bossler v. Countryside Gardens, Inc.

Plaintiffs Armin and Henrietta E. Bossier appeal seeking to reverse a trial court judgment upholding the right of defendant Countryside Gardens, Inc., a corporation, to maintain a dam on its property.

The sole issue presented for our consideration on this appeal, is whether the dam constructed by the defendant-appellee interfered with the natural surface water drainage of the plaintiffs-appellants’ land, to its damage.

The facts which gave rise to the instant litigation are as follows. Plaintiffs and defendant are owners of adjoining property. The plaintiffs’ land is of a higher elevation than…