Verzuh v. Rouse

BERMAN, Judge,

This is an appeal by the owner of a ditch easement from a judgment granting him $1,000 in damages for the relocation and modification of his ditch. We affirm.

This action was instituted in 1976 after the plaintiff, owner of a ditch easement, and defendant, owner of the land traversed by the easement, reached an impasse as to how plaintiff’s ditch could be modified to accommodate defendant’s airport. Plaintiff claimed that if defendant relocated a portion of the ditch into a culvert under the runway, it would endanger his supply of water.

Approximately at the same time the…