Schifferdecker v. Willis

CLARK, Judge.

This action was commenced by Schiffer-decker to compel removal of a dam constructed by Willis and to alleviate the overflow of water on Schifferdecker’s property which the dam caused. After a bench trial, the relief sought was denied and Schiffer-decker appeals.

The facts of the case are essentially not in dispute. All of the land involved in the present controversy is flat river bottom farm property valuable for cultivation when sufficiently dry to admit men and equipment. Before construction of a Missouri River levee, between 1945 and 1953, the land was subject to seasonal…