FOSHEIM, Chief Justice.
Darrell Feistner (Feistner) appeals from a summary judgment granted in favor of Edward L. Swenson (Swenson). We reverse.
Feistner originally sought a temporary injunction to enjoin Swenson from diverting and draining surface water upon Feistner's land. Following a hearing, that request was denied. Feistner then filed an amended complaint requesting $12,000 damages and a permanent injunction.
The Feistner land is servient to...
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