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TIEDEMAN v. MIDDLETON

25 Wis.2d 443 (1964)

TIEDEMAN and others, Appellants, v. VILLAGE OF MIDDLETON, Respondent.

Supreme Court of Wisconsin.

October 27, 1964.

Attorney(s) appearing for the Case

For the appellants there were briefs by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Robert K. Aberg.

For the respondent there was a brief by Warren D. Lucas, attorney, and Harold E. Hanson of counsel, both of Madison, and oral argument by Mr. Lucas.

WILKIE, J.

Three issues are presented on this appeal:

1. Does the city of Middleton have the right to discharge surface water from the drainage area onto appellants' land?

2. Did appellants acquire a prescriptive right to the diversion of the surface water by the railroad embankment?

3. Are appellants entitled to injunctive relief in this situation?

First: Does the city of Middleton have the right to discharge surface water from...

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