ELSBERRY DRAINAGE DIST. v. GESKE

No. 46091.

654 S.W.2d 351 (1983)

ELSBERRY DRAINAGE DISTRICT and Kings Lake Drainage District, Appellants, v. William C. GESKE and Doris M. Geske, Respondents.

Missouri Court of Appeals, Eastern District, Division Three.

June 28, 1983.


Attorney(s) appearing for the Case

David W. Suddarth, Elsberry, Jerry L. Suddarth, O'Fallon, for appellants.

Francis L. Ruppert, Terrance L. Farris, Clayton, for respondents.


CLEMENS, Senior Judge.

Plaintiff drainage districts sued to enjoin defendants Geske from maintaining a dam they had erected. Plaintiffs claimed the dam unduly increased the water level within their district.

On defendant land owners' motion the trial court dismissed the petition. This, on the sole ground "plaintiff is without statutory authority to sue." Defendants justify this because the statutory drainage chapters 242 and 246 of RSMo. do not specifically...

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