Zwart v. Penning

[¶1.] Uphill landowners Ryan and Charles Zwart and downhill landowner Timothy Penning agreed to connect their drain-tile systems to allow for improved drainage across their parcels. The Zwarts agreed to build and maintain an independent tile line that would run across Penning's property if the system became overloaded. Penning experienced flooding shortly thereafter, and he believed the *835 connection of the Zwarts' drain tile to his system was the cause. Penning obstructed the connection and later disconnected his drain-tile system from the Zwarts', causing water to pool on the Zwarts'…