Decko v. Wood

This is an action in which the plaintiffs sought an injunction and monetary compensation for damages resulting from the excessive runoff of surface water onto their property as a result of improvements made on the defendants’ adjoining property. After hearing testimony and privately viewing the site in response to the plaintiffs’ motion for a view of the premises, the court rendered judgment for the defendants. The plaintiffs have appealed.

*96The plaintiffs allege that the court erred when it visited the site without a hearing on the motion for a view, without notice to counsel or the parties…