Paasch v. Brown

This case involves a continuing controversy between the plaintiff, an upper landowner, and the defendant, a lower landowner, over the obstruction by the defendant of the flow of surface waters from the plaintiff’s land through a natural drainway.

In the first appearance of this controversy before this court, Paasch v. Brown, 190 Neb. 421, 208 N. W. 2d 695 (1973), the plaintiff brought suit seeking damages and injunctive relief. In that case, we held as follows: “We find defendant obstructed surface water that ran in the equivalent of a natural drainage channel from plaintiff’s ‘long 40.’…