MAREK v. BAYLOR COUNTY

No. 4228.

430 S.W.2d 220 (1968)

Henry MAREK et ux., Appellants, v. BAYLOR COUNTY, Texas, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied July 12, 1968.


Attorney(s) appearing for the Case

R. J. Balch, Seymour, for appellants.

H. W. Fillmore, Fillmore & Fillmore, Wichita Falls, for appellee.


COLLINGS, Justice.

Baylor County brought suit against Henry Marek and wife Fannie S. Marek, seeking a mandatory injunction requiring defendants to remove a dam or levee which they had constructed on the west side of their property across a natural draw or drainage way. It was plaintiff's contention that the levee prevented surface water from proceeding naturally down the draw during rainy seasons causing water to accumulate...

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