Bay v. Hein

This is a lateral support case. Defendant Hein cleared land and excavated soil, to depths ranging from 3 to 8 feet, on his property near and parallel to the line which divides his property from that of plaintiff Bay. Hein’s property lies south of Bay’s property but Hein originally owned both parcels. Beginning at or near the common boundary line the land slopes at about a 45-degree angle toward the south. The cut or excavation was made primarily through fill dirt, some of which may have been placed on the property when Hein owned both parcels.

The principal issue on appeal arises because of…