Frustuck v. City of Fairfax

Respondent Frustuck brought an action for damages against appellant city on the theory of inverse condemnation by alleged diversion of water over her property, and for injunction against repetition of the city’s acts. She was awarded judgment for $5,000 damages for inverse condemnation unless, within four months after the judgment be came final, appellant would divert the flow of water in excess of that which could be carried by a 20-inch culvert, in which event the $5,000 would not be payable; but a permanent injunction would be made enjoining the city from depositing any such excess waters…