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Property Owner Exonerated
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The Blomdahl's purchased a home in a subdivision adjacent to a 13acre tract owned by Raymond Mitchell. Natural drainage brought the majority of the subdivision's water across or near the Blomdahl's property. The drainage and construction increased the volume of water flowing across the Blomdahl's property. In 1980 Mitchell began dumping fill dirt and rock onto his property. In 1982 a heavy rain caused the Blomdahl property to flood and they sued Mitchell for damages. The trial court ruled for the Blomdahl's but the Court of Appeals reversed the decision saying that since the water flowing onto Mitchell's property was being directed there because of the construction at the subdivision he was not liable for flooding damage to the Blomdahl property.
Title: Property Owner Exonerated
Description:
The Blomdahl's purchased a home in a subdivision adjacent to a 13acre tract owned by Raymond Mitchell.
Natural drainage brought the majority of the subdivision's water across or near the Blomdahl's property.
The drainage and construction increased the volume of water flowing across the Blomdahl's property.
In 1980 Mitchell began dumping fill dirt and rock onto his property.
In 1982 a heavy rain caused the Blomdahl property to flood and they sued Mitchell for damages.
The trial court ruled for the Blomdahl's but the Court of Appeals reversed the decision saying that since the water flowing onto Mitchell's property was being directed there because of the construction at the subdivision he was not liable for flooding damage to the Blomdahl property.
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