Commonwealth, Department of Highways v. Roundtree

PALMORE, Judge.

This action was brought by the Commonwealth to enjoin the appellee, Roundtree, from obstructing the drainage of surface waters onto his property from a catch basin on U. S. Highway 27 in Whitley City. Roundtree counterclaimed for damages and injunctive relief against the continued maintenance of such drainage. The trial court denied relief to the Commonwealth, awarded Roundtree $600 in damages pursuant to a jury verdict, and enjoined the Commonwealth from further maintaining the catch basin. The Commonwealth appeals.

The Roundtree lot fronts on the east side and several feet…