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REBEL v. BIG TARKIO DRAINAGE DIST. OF HOLT CITY

No. WD 30855.

602 S.W.2d 787 (1980)

Dwayne H. REBEL, Appellant, v. BIG TARKIO DRAINAGE DISTRICT OF HOLT CITY, Missouri, Emit Haer, Ivan Ohlensehlen, Bryan H. Hinkle, R. C. "Dick" Yount and Edwin Wright, Supervisors of Said District, Respondents.

Missouri Court of Appeals, Western District.

July 8, 1980.

Attorney(s) appearing for the Case

Ronald M. Sokol, Kranitz & Kranitz, St. Joseph, for appellant.

R. A. Brown, Jr., Larry E. Scott, Brown, Douglas & Brown, St. Joseph, Walter L. Mulvania, Rock Port, for respondents.

Before TURNAGE, P. J., and SHANGLER and MANFORD, JJ.

SHANGLER, Presiding Judge.

The plaintiff landowner sued the Big Tarkio Drainage District for money damages and injunctive relief. The count for damages alleged that the negligent failure of the District to maintain the ditch levy caused the canal water to flood and erode the land owned by plaintiff. The count for injunction was to compel the District to return the water to the constructed channel and to restore the land to the condition before encroachment. The defendant...

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